Cheque Bounce: Rights of the Accused
Key defences and timelines under the Negotiable Instruments Act.
- Author
- Janyasi's Legal Associates
- Published
- 10 Feb 2025
- Last updated
- 10 Feb 2025
- Reading time
- 6 min read
- Practice area
- Cheque Bounce Matters
- Legal topic
- Cheque dishonour and Section 138 procedure
Why timelines matter
Section 138 complaints follow a statutory sequence: presentation of the cheque, bank return, demand notice within the prescribed period, waiting period for payment, then complaint filing. Missed dates often decide the case before evidence is fully tested.
Common defence themes
Accused persons may challenge whether a legally enforceable debt existed, whether the cheque was issued for that liability, service of notice, or other statutory preconditions. Complainants must prove their case; accused persons should not assume silence is safe.
Read the full guide
The PDF expands on accountability architecture under the NI Act. Speak to an advocate before relying on any defence strategy.
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