How to File a Cheque Bounce Case Without a Lawyer in India

When a cheque bounces, it is not only about losing money; it can also become a legal matter.
In India, cheque bounce is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881.

Most people think the only way forward is to hire a lawyer. Truth is, you can handle it yourself if you’re organised and know the process. Yes, it takes a bit of time, but you’ll save on legal fees and stay in full control of your case.

Here’s exactly how to go about it.

Step 1:- Check if Your Case is Valid

You can file a case only if these conditions are met:

• The cheque was given to you for payment of a real debt or loan, not as a gift.
• The cheque was deposited within 3 months of the date written on it.
• Your bank returned the cheque unpaid, with a Cheque Return Memo showing the reason.
• The reason for the bounce is insufficient funds, account closed, or similar valid grounds.

If these conditions are not met, the court will not accept your case.

Step 2:- Collect All Necessary Documents

Keep these ready before you start:

• The original bounced cheque.
• The bank’s return memo.
• Proof of the debt (invoice, written agreement, or even bank transfer records).
• Your ID proof.
• Postal receipt and copy of the legal notice (you will prepare this in the next step).

Always keep copies of all documents for your records.

Step 3:- Send a Legal Notice

The law requires you to send a legal notice before going to court.

Here’s how:

1. Write a notice stating:
   • Details of the cheque (number, date, amount).
   • Reason for dishonour as given by the bank.
   • A demand for payment within 15 days of receiving the notice.
2. Send this notice by Registered Post (AD) or Speed Post.
3. Keep the postal receipt and a copy of the notice.

If the person pays you within 15 days, the matter is closed. If not, you can move to court.

Step 4:- File the Complaint in Court

If there is no payment after 15 days:

• Go to the “Magistrate Court” or “Lower Court” where your bank is located.
• Prepare a complaint petition, a short written statement about your case.
• Attach all documents:
  • Original cheque
  • Bank memo
  • Copy of legal notice
  • Postal proof
  • Proof of debt
• Pay the court fee (amount depends on your state, usually a few hundred rupees).
• File the complaint within 30 days after the 15-day notice period ends.

Step 5:- Attend Hearings

Once your case is filed:

• The court will send a summons to the person who issued the cheque.
• You must attend court dates and present your documents.
• Answer the judge’s questions clearly and truthfully.

Possible Results

If the court decides in your favour:

• The person may have to pay you up to twice the cheque amount.
• They could be sentenced to up to two years in jail, but most cases are resolved before that happens.
• You may get compensation.

Typical Timeline

• Day 1: Cheque bounces → Collect documents.
• Within 30 days: Send legal notice.
• Next 15 days: Wait for payment.
• Within the next 30 days: File a complaint in court.

Key Tips

• Always deposit cheques before their expiry date.
• Keep records of all payments and agreements.
• Do not delay sending the notice; the law has strict timelines.
• Even if you handle the case yourself, you can take help from a lawyer for drafting the notice or complaint.

Filing a cheque bounce case without a lawyer in India is possible if you stay organised and follow each step on time. Keep your documents ready, act quickly, and you can handle the process confidently.