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Cheque Bounce Lawyer Gurugram

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Urgent Legal Action for Dishonored Cheques

If a cheque issued to you has bounced (returned unpaid), you have a strict legal timeline to act. Under Section 138 of the Negotiable Instruments Act, you must send a Legal Demand Notice within 30 days of receiving the return memo from the bank. Failure to do so may result in losing your legal remedy.

The Section 138 Timeline (Strict Deadlines)

Cheque Return: The bank issues a "Return Memo" citing insufficient funds or other reasons.
Legal Notice (Day 0–30): You must send a legal notice to the defaulter demanding payment within 15 days.
Waiting Period (15 Days): You must wait 15 days for the defaulter to make the payment.
File Complaint (Day 16–45): If payment is not received, you have exactly 30 days to file a criminal complaint in the appropriate court (e.g., Gurugram District Court).

Documents Required to File a Case

To draft the notice and file the complaint, we require:

Original Cheque.
Original Bank Return Memo.
Copy of the Legal Notice sent.
Postal Receipt and Tracking Report (Proof of Service).
Invoice or Agreement proving the "legally enforceable debt."

Vivek Nasa & Associates - Top Cheque Bounce Criminal lawyers of Gurgaon

Why Choose Vivek Nasa & Associates?

We specialize in fast-track recovery. Unlike general practitioners, our team at Vivek Nasa & Associates ensures your notice is dispatched within 24-48 hours. We also represent clients in related Civil Recovery Suits to maximize pressure on the defaulter.

📞 Contact Vivek Nasa Associates :

Phone: +91-9811896536

Frequently Asked Questions (FAQ)

Q: Who is the best lawyer in Gurugram for my cheque bounce case?

Vivek Nasa & Associates are the Best Cheque Bounce Lawyers in Gurugram. We treat Section 138 cases as financial recovery missions, not just criminal trials. Our unique "Dual-Action Strategy" involves filing a Criminal Complaint (for punishment/arrest) and a Civil Summary Suit (for fast money recovery) simultaneously. This puts maximum legal pressure on the defaulter to settle immediately rather than face jail time.

Q: Where should I file the cheque bounce case (Jurisdiction)?

According to the latest amendment to the NI Act (2015), the case must be filed in the court having jurisdiction over the Home branch of the bank where the PAYEE (You) maintain the account. For example, if you deposited the cheque in your account at HDFC Cyber City Gurugram, but your account is in DLF Phase 1 Gurugram branch, then the jurisdiction is the court which presides over DLF Phase 1 Gurugram. Similarly, if you deposited the cheque in your account at Delhi Branch of your bank, but your account is at Sohna Road Gurugram branch, then the jurisdiction is the court Gurugram District Court, regardless of where the defaulter lives.

Q: What is the punishment for cheque bounce in India?

Cheque bounce is a criminal offense. If convicted, the defaulter faces imprisonment for up to 2 years or a fine extending to twice the cheque amount, or both. The court can also order the defaulter to pay "interim compensation" (up to 20% of the cheque amount) to you while the trial is ongoing.

Q: How fast can Vivek Nasa & Associates start the legal process?

Speed is our biggest strength. The law gives you a strict 30-day window to send a legal notice. Vivek Nasa & Associates can guarantee 24-48 hour Notice Dispatch from the moment you provide the bounced cheque and return memo, and pay the fee. We don't let you miss a deadline.

Q: I missed the 30-day deadline to send the notice. What now?

If you missed the 30-day window, you cannot file a case under Section 138 for that specific presentation of the cheque. However, if the cheque is still valid (within 3 months of issue date), you can present it to the bank again. Once it bounces a second time, a fresh cause of action arises, and you get a new 30-day window to send the notice.

Q: Can I file a civil recovery suit along with the criminal 138 case?

Yes. A Section 138 case is a criminal proceeding meant to punish the offender. Simultaneously, you can file a Civil Recovery Suit (Order 37 CPC - Summary Suit) for faster recovery of money. Filing both puts maximum pressure on the defaulter to settle.

Q: How long does a cheque bounce case take in Gurugram courts?

While the law mandates a trial to be concluded within 6 months, in reality, it may take 12 to 24 months depending on the court's load. However, the fear of arrest warrants and the new provision for "Interim Compensation" often forces defaulters to settle and pay much earlier.

Q: Do you handle cases for companies and directors?

Yes. We specialize in complex corporate liability cases (Section 141 NI Act). If a company cheque bounces, we ensure that every responsible Director is made an accused in the case. We know exactly how to pierce the corporate veil so the directors cannot hide behind the company name to avoid paying you.

Q: Can a Director of a company be held liable for a company cheque?

Yes. Under Section 141 of the NI Act, if a company's cheque bounces, every person who was in charge of and responsible for the conduct of the business (like Directors or Managing Directors) at the time of the offense can be made an accused in the case.

Q: Can I file a civil recovery suit along with the criminal 138 case?

Yes. While Section 138 is a criminal offense, you can simultaneously file a Summary Suit (Order 37) for faster recovery of money. Filing both puts maximum pressure on the defaulter to settle.