Trusted Legal Assistance for Cheque Bounce and Dishonour of Cheques — Advocate Ketan Palshikar Pune
Cheque bounce or cheque dishonour is one of the most common financial disputes faced by individuals and businesses today. When a cheque issued for payment is returned unpaid by the bank due to insufficient funds or any other reason, it can lead to criminal liability under Section 138 of the Negotiable Instruments Act, 1881.
At Advocate Ketan Palshikar Pune, we provide end-to-end legal assistance in cheque bounce matters — from issuing statutory notices to filing or defending court cases. With years of experience in handling Section 138 NI Act cases, we ensure that your legal rights are protected and justice is achieved efficiently.
Understanding Cheque Bounce under Section 138 of NI Act
Section 138 of the Negotiable Instruments Act, 1881 deals specifically with the dishonour of cheques for insufficiency of funds or if the amount exceeds the arrangement made with the bank.
When a cheque is returned unpaid, it is not just a civil wrong but a criminal offence, punishable with imprisonment up to two years, or fine up to twice the cheque amount, or both.
However, for an offence under Section 138 to be established, certain legal conditions must be satisfied.
Essential Conditions under Section 138
A complaint under Section 138 can be filed only when all the following conditions are met:
- Cheque issued for discharge of legally enforceable debt or liability.
- Cheque returned unpaid due to insufficiency of funds or exceeding the account limit.
- Bank return memo clearly states the reason for dishonour.
- Statutory legal notice is sent by the payee to the drawer within 30 days from the date of cheque return.
- Drawer fails to make payment within 15 days of receiving the notice.
- Complaint is filed within one month from the date of expiry of the 15-day notice period.
If all the above steps are properly followed, the court can take cognizance of the offence and issue process against the drawer.
Our Services in Cheque Bounce Matters
At Advocate Ketan Palshikar Pune, we handle both complainant’s cases (for the payee) and defence cases (for the drawer).
1. Legal Notice Drafting and Dispatch
We draft and send a professionally worded Section 138 legal notice that complies with all legal requirements and timelines. A properly drafted notice is the foundation of a strong case.
2. Filing of Criminal Complaint
If the drawer fails to pay within 15 days, we assist in filing a criminal complaint before the Judicial Magistrate First Class (JMFC) under Section 138.
3. Representation in Court
We appear before the Pune District and Taluka Courts and ensure timely progress in your case. From pre-summoning to evidence and cross-examination, every stage is handled with diligence.
4. Defence in Cheque Bounce Cases
If you are accused of cheque bounce, we provide strategic defence to protect your rights. Many times, cheques are misused, issued as security, or presented without fulfilling legal obligations. We highlight such aspects and defend you effectively.
5. Out-of-Court Settlement and Mediation
In suitable cases, we help clients settle matters amicably through mediation or compoundable settlements, saving time and money while ensuring a fair resolution.
Why Choose Advocate Ketan Palshikar Pune for Cheque Bounce Cases
✔️ Expert in Section 138 NI Act matters – We have extensive experience handling cheque bounce cases before Pune courts.
✔️ Time-bound action – Cheque bounce cases involve strict timelines; we ensure every step is taken promptly.
✔️ Result-oriented approach – We focus on securing recovery for complainants or defending accused effectively.
✔️ Transparent process – We maintain clear communication and realistic expectations with every client.
✔️ Pan-Pune coverage – We handle cases in Shivajinagar Court, Pune District Court, Pimpri-Chinchwad Court, and all subordinate courts.
Legal Remedies for the Payee (Complainant)
If your cheque has bounced, you are entitled to:
- File a Criminal Case under Section 138 NI Act to punish the offender.
- Claim Double the Cheque Amount as fine, at the discretion of the court.
- Seek compensation under Section 357 of the Code of Criminal Procedure (CrPC).
- File a separate Civil Suit for Recovery, if desired.
A well-drafted notice and prompt legal action significantly increase your chances of recovery.
Defence Strategies for the Accused
If you have been wrongly accused of cheque bounce, our team helps you by:
- Proving the cheque was issued as security, not for a legally enforceable debt.
- Demonstrating payment or settlement already made.
- Challenging technical defects in notice or filing.
- Highlighting lack of liability or invalid presentation of the cheque.
We protect your legal rights and prevent misuse of Section 138 proceedings.
Time Limit and Jurisdiction
- Notice: Within 30 days of cheque return.
- Payment Window: 15 days after receipt of notice.
- Complaint Filing: Within 1 month from expiry of notice period.
- Jurisdiction: The court within whose area the payee’s bank branch is situated (as per Supreme Court guidelines in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014).
Conclusion
A cheque bounce case must be handled with precision and timeliness. Whether you are seeking to recover your money or defending yourself against false allegations, legal guidance from an experienced Cheque Bounce Lawyer in Pune can make all the difference.
At Advocate Ketan Palshikar Pune, we ensure professional representation, accurate documentation, and proactive follow-up at every stage of your case.
📞 Contact Advocate Ketan Palshikar Pune
Lawyer for Cheque Bounce & Section 138 NI Act Matters