Delhi · Tis Hazari Court & Rohini CourtCall the firm +91 99717 67788

Recovery & NI Act

Cheque dishonour under Section 138 of the NI Act, summary suits and recovery of dues.

Overview

A dishonoured cheque or an unpaid invoice can disrupt a business or a household. We act for both complainants and accused in cheque dishonour cases and pursue recovery of money through notices, settlement and suits.

Services

  • Demand notices for dishonoured cheques
  • Filing and prosecution of Section 138 complaints
  • Defence for drawers of cheques
  • Recovery suits, including summary suits
  • Pre-institution mediation in commercial recovery
  • Settlement and compounding documentation

Matters We Handle

  • Cheque dishonour for insufficient funds or other reasons
  • Unpaid invoices and business dues
  • Loans between individuals or businesses
  • Security cheques and disputes about their use
  • Recovery from defaulting customers
  • Settlement of pending complaints

Our Approach

Cheque cases run on strict timelines, so we first check dates, documents and compliance with each requirement. We then advise on whether to pursue, defend or settle.

Frequently Asked Questions

What are the time limits after a cheque bounces?

The payee must send a demand notice within 30 days of receiving information of the dishonour. The drawer then has 15 days to pay. If payment is not made, a complaint must generally be filed within one month after that period ends. Delay can affect the case, so act promptly.

Is cheque dishonour a criminal offence?

Under Section 138 of the Negotiable Instruments Act, 1881, dishonour of a cheque issued for a legally enforceable debt is an offence, subject to the conditions set out in the law.

Can a cheque case be settled?

Settlement is often possible and is encouraged, including while proceedings are pending. The terms should be properly documented.

These answers are general information, not legal advice. Laws, statutory periods and procedures should be checked by an advocate before publication and applied to the facts of each matter.

This is general information, not legal advice. Do not submit confidential or highly sensitive documents through the initial enquiry form. Engagement is subject to the firm confirming availability, scope and fees.
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