Section 138
Negotiable Instruments Act.

Statutory Notice & Compliance

A cheque dishonour case is entirely dependent on strict adherence to statutory timelines. Upon receipt of a return memo from the bank, the drawer must be formally notified.

The Legal Process:

• Drafting and dispatching the statutory demand notice within 30 days of the cheque return.
• Providing the mandatory 15-day period for the drawer to clear the dues.
• Ensuring all postal receipts and tracking documents are secured as evidentiary proof for court filings.

Magistrate Court Complaints

If the drawer fails to make the payment within the 15-day notice period, a formal criminal complaint must be instituted under Section 138 of the NI Act within the subsequent 30 days.

Our firm manages the entirety of the Magistrate Court proceedings, from the initial presentation of evidence and recording of the complainant's statement to cross-examination and final arguments. We focus on recovering the enforceable debt efficiently.

Defense & Compound Settlements

The firm also represents individuals and corporate entities defending against Section 138 complaints, scrutinizing the existence of a legally enforceable debt and technical anomalies in statutory notices.

In alignment with our pre-litigation focus, we prioritize compound settlements where viable, negotiating mutually agreeable financial resolutions to avoid protracted court trials.