Section 138, Negotiable Instruments Act
Section 138 of the Negotiable Instruments Act, 1881 makes the dishonour of a cheque issued towards the discharge of a debt or liability a criminal offence, punishable with imprisonment up to two years, a fine up to twice the cheque amount, or both. The statute prescribes a 30-day notice period from the cheque-return memo, a 15-day reply period, and a further 30-day window to file a complaint.
The firm undertakes matters under Section 138 on behalf of both complainants and accused, at trial and in revision and appeal.
Categories of matters
Statutory §138 Notice
Drafted to preserve all timing and proof requirements.
Complaint Filing
Before the appropriate Magistrate Court, with summary trial procedure.
Trial & Cross-examination
Including drawer's defences under §139 NIA.
Compounding & Settlement
Negotiated closure where commercially sensible.
Appeals & Revisions
Sessions Court, High Court, and SLP work.
Recovery & Execution
Translating a §138 conviction into actual recovery.
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