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INTRODUCTION Supreme Court of India has held that a trial court must first condone any delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) before taking cognizance of the offence in cases where the complaint is filed beyond the prescribed limitation period. This ruling was delivered on January 6, 2026.  Facts and Background of the Case The respondent, and her husband had lent Rs. 5,40,000/- as financial assistance to the appellant for the purchase of a house. Cheques issued by the appellant in repayment/discharge of this liability were dishonored. A complaint under Section 138 NI Act was filed, but it was belated (delayed by two days in presentation/filing). The Magistrate took cognizance of the offence on the very day the complaint was filed without first addressing/condoning the delay. Proceedings continued, but the appellant challenged this, eventually leading to the Supreme Court. Observations   The Supreme Court referred to the p...

 In today's time of "Digital India", cheque has become a major source of financial transactions. But cheque bounce have also become a major problem, as payments are not on the spot like cash. Yet most of us are completely unaware of the legal process in case of check bounce. So friends today we are going to discuss the legal process in case of check bounce. 1) Common reasons for check bounce are:  i. Difference in signature,  ii. There is not enough money in the account,  iii. Account is closed,  iv. Stop Payment by the debtor,  v. Difference between words and amount,  vi. When the account has been frozen by the government or the court. 2) As soon as the cheque is bounced, the cheque holder has to demand the amount by sending a legal notice, either personally or through his lawyer, within 30 days of the issue of return memo ( a 'return memo' is given  by the bank to the payee stating why the cheque has been bounced) . 3) The notice should inform t...

आज "Digital India"  के समय में, " चेक"   वित्तीय लेनदेन का एक प्रमुख स्रोत बन गया है।  इससे संबंधित धोखाधड़ी भी एक बड़ी समस्या बन गई है, क्योंकि भुगतान नकद की तरह मौके पर नहीं होता है। चेक बाउंस आज के समय में एक बहुत बड़ा और आम मुद्दा है। फिर भी हममें से अधिकांश लोग चेक बाउंस के मामले में कानूनी प्रक्रिया से पूरी तरह अनजान हैं। तो दोस्तों आज हम चेक बाउंस के मामले में कानूनी प्रक्रिया पर चर्चा करने जा रहे हैं।  1) चेक बाउंस के सामान्य कारण हैं:      i. हस्ताक्षर में अंतर,     ii. खाते में पर्याप्त धन नहीं है,     iii. खाता बंद  है,    iv. देनदार द्वारा भुगतान पर रोक,    v.   शब्दों और राशि में अंतर,    vi.  जब सरकार या अदालत द्वारा खाते को फ्रीज किया गया हो । 2) जैसे ही चेक बाउंस हो जाता है, चेक धारक को व्यक्तिगत रूप से या अपने वकील के माध्यम से, रिटर्न मेमो जारी होने के 30 दिनों के भीतर, कानूनी नोटिस भेजकर...

Hello friends, today we shall discuss some key aspects that can be used while defending a case filed against a person or an entity under the provisions of Sec 138 Negotiable Instrument Act, in other words, a cheque bounce case. In such cases, there is an initial presumption against the person who has issued a cheque that the same was issued by him in lieu of legal debt/lawful consideration. It means that firstly in such type of cases, the person against whom a case is filed, he has to rebut the presumption which has been drawn against him. If this has been done in first place, then the onus/burden again shifts upon the complainant and now he has to clear that doubt which the accused has raised by placing evidence on record. Thus, the initial thing which the accused has to do in such cases is to get himself absolved out of the initial presumption which has been made against him, which can be done by merely casting a doubt or loopholes in the case set out by the complainant and such doub...

                                      As already discussed in our earlier blogs, that in case a cheque is dishonored, then the same attracts a criminal complaint which is governed by Sec 138 NI Act. Now, today in this blog we will discuss as to how during the pendency of a cheque bounce case, the complainant may get certain compensation pending its trial. This is made possible by the insertion of Sec 143A which has come into effect w.e.f July 2018. As per this amendment, the court may upon an application grant compensation to be given to the complainant which is equivalent to 20% of the amount as mentioned in the cheque. For application of this section, it has be seen that the accused has not pleaded guilty, which means that in cases where the accused wants to defend the matter and claims trial, in such cases, the court may grant the 20 % of the amount as mentioned in cheque in question to be ...

INTRODUCTION Today we shall discuss the different stages one has to go through after filing a cheque bounce case in court of competent jurisdiction. The length of each case depends upon its peculiar facts and circumstances. The intention of the parties coming before court is also relevant in determining the fate of the particular case. This is because the accused ( against whom case is filed ) if of the opinion that he has no defense to rely upon in the particular case or is otherwise liable to pay the money to the complainant, then in such a situation he can plead before the court that he admit its fault and is therefore is ready to pay the money of the complainant and in such a case the court can allow the parties to settle the matter amicably which not only saves the time of the parties but also relieve the courts from ongoing pendency to some extent. However, in case there is no scope of settlement, and the accused pleads not guilty, in such a situation the case has to undergo full...

In the time of digital India, cheques have become a major source of financial dealings. With increase in transactions the frauds related to this have also become a major problem, because the payment is not on the spot like cash. Many of us face difficulty in realizing the payments given to us by way of cheque. Cheque Bounce is a very big and common issue in today's time. Still, most of us are completely unaware of the legal procedure in case of cheque bounce. So, friends today we are going to discuss the procedure to claim the amount in the case of Cheque bounce. 1. The cheque must have been issued in discharge of legally recoverable debt.  2. The cheque is duly filled, and the name is correctly written on the cheque in whose favor the cheque has been issued. 3 The cheque received is duly deposited by holder of the cheque in his/her bank account within the period 3 months from the date of issue.  4. After that if the cheque is bounced, bank will inform the holde...