cheque bounce

Cheque Bounce Case Procedure in Noida Court – Complete Legal Guide

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Cheque bounce cases have become one of the most common legal disputes in Noida and Greater Noida, especially in business, property, and loan transactions. If a cheque issued towards payment is dishonoured due to insufficient funds or other reasons, the law provides a strong criminal remedy under Section 138 of the Negotiable Instruments Act, 1881.

In this blog, we explain the complete cheque bounce case procedure in Noida Court, including timelines, legal notices, filing process, and how a lawyer can help you recover your money efficiently.

What Is a Cheque Bounce Case?

A cheque bounce occurs when a bank returns a cheque unpaid due to reasons such as:

  • Insufficient funds
  • Account closed
  • Signature mismatch
  • Payment stopped by drawer
  • Exceeds arrangement

When a cheque is dishonoured for legally enforceable debt or liability, the payee can initiate criminal proceedings under Section 138 NI Act.

Legal Provision Applicable in Noida Cheque Bounce Cases

Cheque bounce cases in Noida are governed by:

  • Section 138 – Negotiable Instruments Act, 1881
  • Criminal Procedure Code (CrPC)
  • Jurisdiction: Metropolitan Magistrate / Judicial Magistrate, Noida

Step-by-Step Cheque Bounce Case Procedure in Noida Court

1️⃣ Presentation of Cheque to Bank

The cheque must be presented to the bank within 3 months from the date mentioned on the cheque.
If dishonoured, the bank issues a Cheque Return Memo stating the reason for bounce.

2️⃣ Sending Legal Notice (Mandatory Step)

After receiving the return memo, the payee must send a legal demand notice to the drawer:

  • Within 30 days from the date of cheque dishonour
  • Notice must demand payment of the cheque amount
  • Sent via registered post / speed post / courier

⚠️ Without sending a legal notice, a cheque bounce case cannot be filed.

3️⃣ Waiting Period of 15 Days

After the notice is received by the drawer:

  • The drawer gets 15 days to make the payment
  • If payment is made → matter ends
  • If payment is not made → cause of action arises

4️⃣ Filing Cheque Bounce Complaint in Noida Court

If payment is not received within 15 days, the complainant can file a criminal complaint under Section 138 NI Act:

  • Within 30 days after expiry of the notice period
  • Filed before the Noida court having territorial jurisdiction
  • Case is filed through an advocate with affidavit & documents

📍 Jurisdiction is usually where the payee’s bank is located.

Documents Required for Cheque Bounce Case

To file a cheque bounce case in Noida, the following documents are required:

  • Original bounced cheque
  • Bank return memo
  • Copy of legal notice
  • Postal receipt & tracking report
  • Proof of debt or liability
  • ID & address proof of complainant

Court Proceedings in Cheque Bounce Case

✔️ Summoning Stage

The Magistrate examines the complaint and issues summons to the accused.

✔️ Appearance & Bail

The accused appears before the court and is usually granted bail.

✔️ Evidence Stage

Complainant files evidence by affidavit. Cross-examination follows.

✔️ Statement of Accused

Statement under Section 313 CrPC is recorded.

✔️ Final Arguments & Judgment

Court decides whether the offence under Section 138 is proved.

Punishment in Cheque Bounce Case

If the accused is convicted:

  • Imprisonment up to 2 years, or
  • Fine up to double the cheque amount, or
  • Both

Courts in Noida often encourage settlement and compensation to the complainant.

Time Duration of Cheque Bounce Case in Noida

  • Average duration: 6 months to 2 years
  • Cases may conclude earlier if settlement occurs
  • Proper legal drafting and follow-up can reduce delays

Can Cheque Bounce Case Be Settled?

Yes. Cheque bounce cases are compoundable offences. Settlement can happen:

  • Before trial
  • During evidence stage
  • Even at appellate stage

Settlement saves time, money, and litigation stress.

Cheque Bounce Lawyer in Noida & Greater Noida

If you are facing a cheque bounce issue or want to recover your money legally, consult an experienced cheque bounce lawyer in Noida.

Advocate Anurag Bhati
Website: https://lawyerhelp.xyz
Practice Areas:

  • Cheque Bounce Cases
  • Money Recovery
  • Criminal Complaints
  • Business & Property Disputes

📞 Timely legal action is crucial in cheque bounce matters.

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