Cheque bounce (Section 138)

Cheque bounce complaint format under Section 138 NI Act

How a Section 138 complaint is drafted: the ingredients to plead, the one-month limitation, jurisdiction under Section 142(2), interim compensation under Section 143A and the documents to file.

A complaint under Section 138 of the Negotiable Instruments Act, 1881 is filed by the payee within one month of the expiry of the 15-day period given in the statutory demand notice. It must plead every ingredient: a legally enforceable debt, a cheque issued to discharge it, presentation within validity, dishonour for insufficiency of funds or exceeding arrangement, a demand notice within 30 days of the bank memo, and failure to pay within 15 days. It is filed before the Magistrate having jurisdiction under Section 142(2), which fixes venue by the payee's bank branch.

Governed by
  • Sections 138, 139, 142 and 143A, Negotiable Instruments Act, 1881
  • Bharatiya Nagarik Suraksha Sanhita, 2023 for procedure
Where it is filed
The Judicial Magistrate within whose jurisdiction the payee's bank branch is situated (Section 142(2) NI Act).
Who files it
The payee or holder in due course. A company complainant files through an authorised representative with a board resolution or authority letter.
Time limit
Within one month of the date on which the 15-day notice period expires. Delay may be condoned under the proviso to Section 142(b) on sufficient cause shown.
Court fee and stamp
Process fee as per State rules.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a cheque bounce complaint must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title and authority

    The Magistrate's court, the complainant with the authority to file where the payee is a company or firm, and the accused drawer with a full address.

  2. 2.The transaction

    The legally enforceable debt or liability, pleaded with dates and particulars.

  3. 3.The cheque

    Number, date, amount, drawee bank and branch.

  4. 4.Dishonour

    Date of presentation, date and reason of return, with the memo filed.

  5. 5.Notice and non-payment

    Date of the demand notice, mode of service, date of service or refusal, and the failure to pay within 15 days.

  6. 6.Jurisdiction

    The averment fixing venue by reference to the branch where the complainant maintains the account.

  7. 7.Documents

    Original cheque, return memo, copy of the notice, postal receipt and acknowledgement or tracking report, and the authority to file.

  8. 8.Prayer

    Cognizance, issue of process, trial and sentence, with a prayer for interim compensation under Section 143A.

Mistakes that get this document returned

  • Filing beyond one month without an application to condone delay.
  • Filing in the court of the drawer's bank instead of the complainant's bank branch.
  • A company complaint without proof of authority, which is repeatedly attacked at the evidence stage.
  • Not filing the original cheque and memo, which the court needs for marking.
  • Pleading the debt loosely so that the presumption under Section 139 can be rebutted easily.

Frequently asked questions

What is the limitation for filing a cheque bounce case?

One month from the date on which the 15-day period given in the statutory notice expires. The court may condone delay if sufficient cause is shown, under the proviso to Section 142(b).

What is interim compensation under Section 143A?

The court may direct the drawer to pay the complainant interim compensation of up to twenty per cent of the cheque amount during the pendency of the complaint.

Is a cheque bounce case civil or criminal?

Section 138 creates a criminal offence tried by a Magistrate, but it is compoundable and the underlying claim can also be pursued as a civil suit for recovery.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.