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

Cheque Bounce & Section 138 NI Act Proceedings

Statutory legal notice drafting and trial prosecution/defense for dishonour of cheques under Section 138 of the Negotiable Instruments Act.

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

Direct Summary & Core Overview

Section 138 of the Negotiable Instruments Act penalizes the dishonour of a cheque issued towards discharge of any legally enforceable debt or liability, subject to strict statutory timelines.

Applicable Court Jurisdiction

Judicial Magistrate First Class (JMFC) Court having territorial jurisdiction over the bank branch where the payee maintains an account.

Relevant Enactments & Statutory Legislation

Negotiable Instruments Act 1881 (Sections 138 to 147), Code of Criminal Procedure 1973.

Procedural Steps & Sequence

1. Issuance of Demand Notice within 30 days of cheque dishonour. 2. Awaiting 15-day statutory payment period. 3. Filing Criminal Complaint within 30 days thereafter. 4. Cognizance & summons to accused. 5. Summary trial proceedings.

Documents Ordinarily Required

Original Dishonoured Cheque, Bank Return Memo, Copy of Legal Demand Notice, Postal Tracking Receipt, Affidavit of Evidence.

Exceptions, Limitations & Statutory Bars

Compounding of offenses under Section 147 NI Act is permitted at any stage of the proceedings.

Official Legal Sources & Authorities

Negotiable Instruments Act Statutory Provisions, E-Courts Services.

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.