Cheque Bounce Case Filing Process (Step-by-Step) – 2026 Guide

If your cheque has bounced and the payment is still not received, you can file a legal case under Section 138 of the Negotiable Instruments Act.

Step 1: Cheque Dishonour

The process starts when your cheque is returned unpaid by the bank due to reasons like:

• Insufficient funds
• Account closed
• Payment stopped

Step 2: Send Legal Notice (Within 30 Days)

You must send a legal notice to the drawer within 30 days of receiving the cheque return memo.

Step 3: Wait for 15 Days

After the notice is received, the drawer gets 15 days to make payment.

• If payment is made → matter ends
• If not → you can file a case

Step 4: File Complaint in Court

If payment is not made, file a complaint under Section 138 NI Act before the Magistrate.

Time Limit: Within 30 days after the 15-day notice period ends.

Step 5: Documents Required

• Original cheque
• Bank return memo
• Copy of legal notice
• Proof of notice delivery
• Affidavit and complaint

Step 6: Court Procedure

• Complaint filing
• Verification by Magistrate
• Summons to accused
• Trial proceedings
• Judgment

Common Mistakes to Avoid

• Missing 30-day notice deadline
• Incorrect notice format
• Filing case without proof of delivery
• Wrong court jurisdiction

Conclusion

The cheque bounce case process is highly time-sensitive and technical. A small mistake can lead to dismissal.

It is always advisable to get your notice and complaint drafted properly before proceeding.

Before filing the case, make sure your timelines are correct:

👉 Check cheque bounce time limits

Need professional help for your case?

👉 Get legal support