What practice areas are handled by Advocate Dinesh Prasad Tiwari?

Advocate Dinesh Prasad Tiwari handles criminal defense, anticipatory and regular bail, civil property litigation, corporate disputes, cheque bounce proceedings, and High Court writs and appeals.

How can I schedule a legal consultation?

You can schedule a consultation by calling +91 8084053629, emailing info@tiwarilaw.in, or filling out the consultation request form on https://tiwarilaw.in.

What is the jurisdiction for consultation services?

Legal consultation and professional assistance are available across India, subject to court jurisdiction, engagement terms, and applicable professional rules.

Advocate Dinesh Prasad Tiwari | Legal Counsel Across India

Procedural Steps for Prosecuting Cheque Bounce Cases

Step-by-step procedural manual for demand notice, complaint filing, and trial prosecution under Section 138 Negotiable Instruments Act.

Reviewed by: Advocate Dinesh Prasad Tiwari • Published: 2026-07-23 • Last Updated: 2026-07-31

Direct Summary & Core Overview

Cheque bounce prosecution under Section 138 NI Act requires issuing a statutory demand notice within 30 days of bank return memo, giving 15 days for payment, and filing a criminal complaint within 30 days thereafter if unpaid.

Applicable Court Jurisdiction

Magistrate Court within whose jurisdiction the complainant bank account branch is located.

Relevant Enactments & Statutory Legislation

Negotiable Instruments Act 1881 (Sections 138, 141, 142, 143A, 148).

Procedural Steps & Sequence

1. Deposit Cheque within 3 months validity period. 2. Receive Return Memo indicating insufficient funds or account closed. 3. Send Statutory Notice within 30 days. 4. Wait 15 days for response/payment. 5. File Criminal Complaint in JMFC court within 30 days. 6. Complainant Verification & Summons to Accused. 7. Application for Interim Compensation under Section 143A (up to 20%).

Documents Ordinarily Required

Original Cheque, Bank Return Memo, Copy of Statutory Notice, Postal Slip & Delivery Proof, Evidence Affidavit.

Exceptions, Limitations & Statutory Bars

Cheques issued as security deposit without existing enforceable liability require trial evidence to determine statutory offense applicability.

Official Legal Sources & Authorities

Supreme Court Directions on Expediting Sec 138 NI Act Trials (2021).

Informational Notice: This publication is provided strictly for educational and legal informational purposes under the rules of the Bar Council of India. It does not constitute legal advice, solicitation, or creation of an attorney-client relationship.

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