Section 138 NI Act – Cheque Bounce Complaint Checklist (India)

• admin
• Section 138 NI Act
• August 4, 2025

A cheque bounce due to insufficient funds or other reasons is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. Filing a proper complaint requires accuracy and adherence to legal timelines. Below is a comprehensive checklist to help you file a strong and effective complaint under this section.

1. Complainant’s (Payee’s) Details

Ensure the following details are included:

• Full Name
  
• Father’s/Mother’s Name
  
• Age
  
• Occupation/Designation
  
• Address (with PIN code)
  
• Contact Number
  
• Email ID
  
• Relationship with Drawer (business, loan, employment, etc.)
  

2. Accused’s (Drawer’s) Details

Gather the information of the person or company that issued the cheque:

• Full Name
  
• Father’s Name
  
• Age
  
• Occupation/Designation
  
• Company/Firm Name (if applicable)
  
• Address (with PIN code)
  
• Contact Number or Email
  
• Nature of Relationship (e.g., business deal, personal loan)
  

3. Cheque Details

Make a note of all cheque-related specifics:

• Cheque Number
  
• Date on Cheque
  
• Amount (in Rs.)
  
• Issuing Bank and Branch
  
• Favouring (Name mentioned on the cheque)
  
• Drawer’s Bank Account Number
  
• Purpose of Cheque:
  
  • Loan Repayment
    
  • Salary/Dues
    
  • Business Transaction
    
  • Security Cheque
    
  • Others (specify)
    

4. Presentation and Dishonour Details

Keep a record of how and when the cheque was handled:

• Date Presented to Bank
  
• Bank Name & Branch Where Deposited
  
• Date of Dishonour
  
• Reason for Dishonour (as per bank memo):
  
  • Insufficient Funds
    
  • Account Closed
    
  • Payment Stopped by Drawer
    
  • Signature Mismatch
    
  • Others
    
• Bank Return Memo Attached? ✔ Yes / ❌ No
  

5. Legal Notice Details

Issuing a legal notice is mandatory before filing a complaint:

• Date of Notice to Drawer
  
• Mode of Delivery (Speed Post, Email, Courier)
  
• Address Notice Sent To
  
• Postal Receipt & Acknowledgment Copy
  
• Approximate/Actual Date of Service
  
• Response from Drawer? (Attach copy if available)
  

6. Limitation and Compliance Timeline

Verify all legal timeframes are followed:

• Cheque presented within 3 months of issue date?
  
• Legal notice sent within 30 days of dishonour?
  
• 15-day notice period completed?
  
• Complaint being filed within 1 month after 15 days?
  

All timelines must comply strictly with Section 138 and Section 142 of the NI Act.

7. Proof of Transaction

Strengthen your case with supporting evidence:

• Loan Agreement or Contract (if any)
  
• Invoice/Bill for Commercial Transactions
  
• Bank Statement Showing Payment or Loan
  
• Acknowledgment of Debt by Accused
  
• Emails/WhatsApp Messages Confirming Cheque Issued for Debt
  

8. Reliefs/Prayers in Complaint

The complaint must include:

• Punishment under Section 138 (Imprisonment up to 2 years or fine up to twice the cheque amount)
  
• Compensation/Recovery of Cheque Amount
  
• Interest on Cheque Amount (Optional)
  
• Litigation and Legal Costs
  

9. Documents to Attach with Complaint

Ensure the following are enclosed:

• Original/Clear Photocopy of Cheque
  
• Bank Return Memo
  
• Copy of Legal Notice
  
• Postal Receipt & Acknowledgment
  
• Accused’s Reply (if any)
  
• Affidavit in Support of Complaint
  
• Transaction Proof (Loan Docs/Invoices)
  
• Complainant’s ID and Address Proof
  

Conclusion

Filing a cheque bounce case under Section 138 NI Act involves several technical steps and legal compliances. Using this detailed checklist will help ensure your complaint is valid, timely, and backed by the necessary documents. Consulting an experienced cheque bounce lawyer can further strengthen your case and increase the chances of recovery and punishment.