A ₹25 lakh cheque was issued.
Goods were delivered.
The cheque bounced.
If you are facing a cheque bounce in Delhi, Gurgaon, Noida, Faridabad or anywhere in NCR, you are dealing with one of the most common criminal financial disputes under Section 138 of the Negotiable Instruments Act, 1881.
But here’s the real issue:
Most cheque bounce cases fail not because the claim is weak — but because timelines are missed, notice is defective, or jurisdiction is wrong.
This 2026 updated step-by-step guide explains:
- How to file a cheque bounce case in Delhi NCR
- Section 138 NI Act procedure
- Jurisdiction rules after 2015 amendment
- Documents required
- Court fees & timeline
- What happens after conviction
- How to pursue recovery without upfront legal cost
Whether you’re searching for “cheque bounce case in Delhi”, “Section 138 complaint filing Delhi”, “cheque bounce lawyer in Gurgaon”, or “how to file cheque bounce case in Haryana” — this guide applies to you.
What is Cheque Bounce Under Section 138 NI Act?
Cheque dishonour becomes a criminal offence when:
- Cheque issued for legally enforceable debt/liability
- Presented within 3 months validity
- Returned unpaid (insufficient funds, stop payment, account closed, etc.)
- Legal notice sent within 30 days
- Drawer fails to pay within 15 days of notice receipt
Punishment:
- Up to 2 years imprisonment
- Fine up to twice cheque amount
- Or both
The offence is compoundable under Section 147 NI Act — meaning settlement possible even during trial.
Step-by-Step: How to File a Cheque Bounce Case in Delhi NCR (2026 Process)
Step 1: Present the Cheque
Deposit the cheque in your bank.
Collect the bank return memo (dishonour slip).
This memo date triggers your legal timeline.
Step 2: Send Legal Demand Notice (Within 30 Days)
This is critical.
Your cheque bounce legal notice must include:
- Cheque number, date, amount
- Bank details
- Dishonour reason
- Demand for payment within 15 days
Send via:
- Registered Post / Speed Post
- WhatsApp (with delivery proof)
Missing the 30-day deadline = complaint invalid.
Step 3: Wait 15 Days
If payment not received within 15 days of notice receipt, cause of action arises.
Step 4: File Section 138 Complaint (Within 30 Days Thereafter)
File before the appropriate Metropolitan Magistrate (Delhi) or Judicial Magistrate (Haryana/UP NCR).
Documents required:
- Original cheque
- Return memo
- Legal notice copy
- Proof of service
- Debt proof (invoice, agreement, ledger, bank statement)
- Affidavit
- ID proof
Delhi courts allow e-filing (file size up to 300 MB as per 2026 update).
Territorial Jurisdiction in Delhi NCR (Important – Most Common Mistake)
As per Section 142(2) NI Act:
For account payee cheque →
Case must be filed where payee’s home branch is located.
Example:
- If your account is in Rohini → File in Rohini Court
- If in Saket → File in Saket Court
- If Gurgaon → Gurgaon Court
You cannot forum shop by depositing cheque in another branch.
Delhi Courts Handling Section 138 Matters:
- Tis Hazari
- Rohini
- Karkardooma
- Dwarka
- Saket
- Patiala House
Wrong jurisdiction? Case may be transferred.
How Much Time Does a Cheque Bounce Case Take in Delhi?
Average timeline:
1–3 years (practical reality)
Supreme Court has directed faster disposal and digital summons.
Interim compensation up to 20% cheque amount may be ordered during trial.
What Happens After Conviction?
This is where most people get confused.
Winning the case does NOT automatically mean money in your bank.
After conviction:
- Court may order compensation
- If unpaid → Execution proceedings required
- Property attachment possible
- Bank account attachment possible
Many decree holders struggle at this stage.
Recovery enforcement is a separate process.
Common Problems in Delhi NCR Cheque Bounce Cases
- Missed notice deadline
- Improper drafting
- Jurisdiction objections
- Accused delaying tactics
- Enforcement after conviction
- High lawyer & court cost
Because of cost pressure, many MSMEs drop strong cases midway.
Can’t Afford Legal Costs? Here’s an Option.
Strong cheque bounce cases often fail due to financial fatigue.
LegalFund provides non-recourse litigation funding for strong Section 138 matters in Delhi NCR.
Funding may cover:
- Legal notice drafting
- Filing expenses
- Lawyer fees
- Court appearances
- Recovery enforcement
You repay only if recovery happens.
No recovery → No repayment.
This helps businesses pursue rightful dues without draining working capital.
FAQs – Cheque Bounce Case Delhi NCR
Where to file cheque bounce case in Delhi?
In the Metropolitan Magistrate court where payee’s home branch is located.
Time limit for filing Section 138 complaint?
30 days after expiry of 15-day notice period.
Documents required?
Original cheque, return memo, notice copy, service proof, debt documents.
How much court fee?
Nominal criminal complaint filing fee (varies by state).
Can multiple cheques from same transaction be filed separately?
Yes, as clarified by Supreme Court 2026 direction.
Final Practical Advice
If your cheque has bounced in Delhi NCR:
- Act immediately
- Do not miss notice deadline
- Check jurisdiction carefully
- Prepare complete documentation
- Plan enforcement strategy early
A cheque bounce case is not just about filing — it’s about recovering.
If your claim is strong and cost is a concern, explore funding support instead of writing it off.
📩 info@legalfund.in
📞 +91 8448330076
🌐 https://legalfund.in