Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Section 138 Defence Lawyer in Lucknow
For the drawer: answering a cheque-bounce complaint, from the summons stage to trial and appeal.
Cheque Bounce and Recovery
What this covers
Being summoned in a cheque-bounce matter is unsettling partly because the statute begins from a position that favours the complainant. The Negotiable Instruments Act, 1881 raises presumptions in the holder's favour, so the drawer is not starting from a blank page. Those presumptions are rebuttable, however, and they are rebutted on material — not by denial.
Defences in these matters fall into recognisable groups: the cheque was not issued in discharge of a legally enforceable debt; the demand notice was defective or out of time; the complaint itself was filed late; the amount claimed does not reflect the account between the parties; or the instrument was altered or completed without authority. Which of those is genuinely available is assessed from the documents, and it is far better done before the first date than after.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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A person served with summons in a complaint
You have received a summons from a Magistrate in a cheque matter.
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A director or partner named in a complaint
You have been arrayed by reason of your position in a company or firm.
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A person who gave a cheque as security
The cheque was handed over for a purpose that has since been disputed.
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A person convicted at trial
An appeal is being considered, including on the question of suspension of sentence and deposit.
Scope
Typical matters handled
- Advice on the summons, the complaint and what the record actually discloses
- Appearance before the Magistrate and applications at the pre-trial stage
- Rebuttal of the statutory presumptions through documents and cross-examination
- Objections on the demand notice, on limitation and on jurisdiction where they genuinely arise
- Responding to applications for interim compensation during the complaint
- Appeals against conviction, and applications regarding suspension of sentence and any deposit directed
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Reading the complaint and the notice together
The complaint, the demand notice, the return memo and the dates on each are examined as a set.
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Step 02
Checking the timelines
Whether the notice was issued in time, whether fifteen days were allowed, and whether the complaint was filed within the period that follows.
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Step 03
Reconstructing the account
Ledgers, bank statements and correspondence are used to establish what was actually owed, if anything, when the cheque was presented.
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Step 04
Settling the defence
Which grounds are genuinely available on the record, and which would not survive cross-examination.
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Step 05
Conducting the trial
Appearance, cross-examination of the complainant, defence evidence where appropriate, and arguments.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- The summons and the complete complaint with its annexures
- Copy of the demand notice received, with the envelope showing the date of delivery
- Bank statements and ledger showing payments made against the transaction
- The agreement, invoices or loan document relating to the cheque
- Correspondence, including anything recording that the cheque was given as security or was to be returned
- Records showing your position in the company or firm, where liability is asserted on that footing
Cautions
Common risks and mistakes
- Ignoring the summonsNon-appearance can lead to coercive process and makes everything that follows harder.
- Denying the signature without basisA denial that cannot be sustained damages credibility across the whole defence.
- Delaying while limitation runs on your own claimsIf you have a counter-claim, it has its own limitation period which is not suspended by the complaint.
- Assuming 'given as security' is a complete answerIt is a frequently raised defence with a mixed record. It has to be supported by the documents and the surrounding conduct.
- Making part payment without recording itPayments made during the proceeding should be recorded clearly, ideally through the court, so that they can be accounted for.
See also
Related services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
A complaint under section 138 is tried by a criminal court and a conviction can carry a sentence, so it is treated seriously. It arises out of a commercial transaction, and settlement is common, but it should not be approached as though it were an ordinary money claim.
Liability of persons connected with a company depends on their role in its affairs at the relevant time, and it is not automatic simply because a person holds a title. Your actual position, and the documents evidencing it, are central and should be assembled early.
Provisions introduced in 2018 permit a court to direct interim compensation in appropriate cases during the complaint, and to direct a deposit at the appellate stage. Whether that happens in your matter is for the court.
Sometimes settlement is plainly sensible and sometimes it is not, and the answer depends on the strength of the record and on what you can afford. It is a decision to take after the papers have been assessed, not before.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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