Understanding Cheque Bounce: A Legal Perspective
A cheque bounce case, also known as dishonour of cheque, falls under Section 138 of the Negotiable Instruments Act, 1881. It occurs when a cheque issued by the drawer is returned unpaid by the bank due to insufficient funds, mismatched signature, or account closure. Advocate Jitendra Sawant, an authority in financial and criminal litigation, has guided countless clients through the complexities of cheque bounce cases with clarity, precision, and strong legal backing.
In India, dishonouring a cheque is not just a civil wrong—it is a criminal offence. The consequences can range from monetary penalties to imprisonment, making it vital to approach the matter with professional legal assistance.
Legal Essentials: What Section 138 NI Act Says
Advocate Sawant emphasizes that to proceed legally under Section 138, the following conditions must be met:
The cheque was drawn for discharging a legally enforceable debt.
The cheque was presented to the bank within 3 months from the date of issue.
The payee issued a written demand notice within 30 days of receiving the bank return memo.
The drawer failed to make the payment within 15 days of receiving the notice.
Failing to meet these conditions weakens the case. That’s why Advocate Sawant ensures all procedural steps are executed flawlessly for every client.
Step-by-Step Guide to Handling a Cheque Bounce Case
1. Collecting Evidence and Documentation
The first and most critical step in handling a cheque bounce case is maintaining the right documentation:
The original bounced cheque
The bank return memo with the reason for dishonour
A copy of the demand notice sent via registered post or courier
Proof of delivery of the notice
Any agreement or transaction records establishing the debt
Advocate Jitendra Sawant meticulously prepares the documentation and ensures that no detail is missing, thereby strengthening the case from the outset.
2. Drafting and Sending a Legal Demand Notice
A well-drafted legal demand notice is essential to initiate proceedings. Advocate Sawant best site prepares a legally sound, clear, and professional notice demanding the drawer to pay the cheque amount within 15 days. His notices are factually accurate, assertive, and legally compliant, leaving no room for ambiguity.
3. Filing a Criminal Complaint
If the drawer fails to pay within the notice period, Advocate Sawant promptly files a criminal complaint under Section 138 before the Metropolitan or Judicial Magistrate. The complaint includes:
Statement of facts
Copies of the bounced cheque and memo
Proof of notice delivery
List of witnesses, if any
He ensures the case is filed within the statutory limitation period of 1 month from the expiry of the 15-day notice period.
4. Representing Clients During Trial
From the first hearing to cross-examination, Advocate Sawant’s courtroom expertise gives clients a major edge. He:
Prepares the complainant for evidence deposition
Cross-examines the accused with strategic questioning
Presents documentary and circumstantial evidence convincingly
His powerful presence in the courtroom and deep knowledge of banking laws and precedents helps him achieve favorable judgments for his clients.
Defending a Cheque Bounce Accusation
Advocate Jitendra Sawant also defends individuals falsely accused of cheque bounce. He examines the case carefully to uncover defenses such as:
Cheque issued as security, not for discharge of debt
Cheque lost or misused
Absence of a legally enforceable debt
Tampered documents or fabricated notices
He believes that every accused deserves a fair trial, and he uses every available legal tool to protect their rights.
Out-of-Court Settlements and Negotiations
Many clients prefer settling matters outside court to avoid long litigation. Advocate Sawant facilitates:
Negotiations with the opposing party
Drafting settlement agreements
Filing for compounding of offences
His ability to mediate ensures clients can recover their dues amicably and avoid prolonged legal proceedings, wherever possible.
Why People Choose Advocate Jitendra Sawant
Proven Expertise in Cheque Bounce Litigation
With years of experience in handling hundreds of cheque bounce cases, Advocate Sawant has a proven track record of success. He understands the nuances of the law, court procedures, and the best defense tactics.
Timely, Transparent, and Tenacious
Clients value his:
Prompt legal action
Clear communication
Uncompromising dedication
He keeps clients informed, respects their time, and ensures that every case is pursued aggressively and ethically.
Comprehensive Legal Support
Whether it's issuing notices, negotiating settlements, or appearing in court, Advocate Sawant offers end-to-end legal services for cheque bounce issues, ensuring that clients never feel overwhelmed or unprepared.
Conclusion: A Trusted Ally for Financial Justice
Cheque bounce cases can be financially and emotionally taxing. With legal deadlines, criminal implications, and financial recovery at stake, choosing the right lawyer is crucial. Advocate Jitendra Sawant has earned the trust of individuals, entrepreneurs, and business owners across India for his clarity, competence, and courtroom excellence.
With a deep understanding of the law and a sharp focus on client outcomes, he remains the go-to legal expert for cheque bounce matters.