Cheque Bounce Case Lawyer in Prayagraj — Section 138 NI Act

Under Section 138 of the Negotiable Instruments Act, dishonour of a cheque is a criminal offence attracting imprisonment of up to two years, a fine of up to twice the cheque amount, or both. The law requires that strict procedural steps be followed within specified time limits.

The process begins with a legal notice that must be served within thirty days of receiving the bank's return memo. If the cheque issuer does not make payment within fifteen days of receiving the notice, a complaint can be filed before the competent Magistrate.

Advocate Faizan Siddiqui assists with the complete process — preparation of the legal notice, filing the complaint, and representation through the trial. For those who have received a cheque bounce complaint and wish to challenge it, he also assists with defense.

For the complainant, a Section 138 case is a statutory legal remedy available under Section 138 NI Act. The Section 138 proceedings may lead parties to explore settlement where appropriate. The goal is to have the accused make payment and reach a settlement, avoiding a prolonged trial.

Advocate Faizan Siddiqui prepares the legal notice carefully and files the complaint with the necessary evidence — the original cheque, bank return memo, proof of legal notice, proof of dispatch, and documentation establishing the underlying legally enforceable debt. In cases that proceed to trial, the evidentiary record is built from the outset.

For accused persons who dispute the claim — on grounds such as absence of a legally enforceable debt, the cheque having been issued as security, or procedural defects in the complaint — a defense is prepared based on the specific facts.