A Section 138 case needs: a cheque issued for a legally enforceable debt, presented within validity and returned unpaid; a written demand within 30 days of the return memo; non-payment for 15 days after the drawer receives it; and a complaint filed within one month after that, before the magistrate with jurisdiction. The free consultation checks each element and, if you proceed, FundRaksha Legal's advocate handles notice and complaint with 30% payable only on recovery.
The elements the complaint must prove
- A legally enforceable debt. The cheque was given against invoices, a loan or an agreement. Bring the underlying documents.
- Presentation within validity and return by the bank unpaid, with the return memo.
- Demand notice within 30 days of receiving the memo, sent to the drawer at the correct address.
- Receipt of notice and failure to pay within 15 days. Proof of delivery or deemed service matters.
- Complaint within one month after the 15 days end, filed where the payee's bank branch is located or as the jurisdiction rules provide.
The consultation checks every element against your paperwork and dates, using the cheque bounce timeline.
How a Section 138 case usually ends
Most drawers pay at the notice stage or soon after summons, because the prospect of a criminal record, imprisonment and a fine of up to twice the cheque amount is worse than paying. Courts also encourage compounding (settlement) at any stage. Where the drawer fights, the case proceeds to evidence; the complainant usually gives evidence once by affidavit and cross-examination. The expert gives you a realistic picture for your facts and your court.
Pairing Section 138 with civil recovery
A cheque often covers only part of the dues. The advocate runs the Section 138 complaint for the cheque amount and, in parallel, an advocate's notice and MSME Samadhaan or a summary suit for the rest. Both are handled by the same advocate so the positions taken are consistent. For MSME suppliers the civil side carries interest at three times the RBI bank rate.
What to bring, and the cost
- Original cheque and bank return memo
- Invoices or agreement the cheque was issued against
- Copy of any notice already sent, with proof of dispatch and delivery
- Drawer's details: name, address, company registration if any
Nothing is charged upfront. If you proceed, FundRaksha Legal charges 30% only on the amount actually recovered; if nothing is recovered there is no success fee. Court fees, where a matter is filed, are borne by you and told to you in advance. If you decide to go ahead, a dedicated advocate is assigned within 24 hours of your complete documents and the legal notice goes out as an e-notice, followed by registered post. Section 138 complaints are heard by the magistrate courts in cities such as Bengaluru, Chennai and Surat; see those pages for the court complexes.
If your 30-day window is still open, treat this as urgent: book the consultation today so the notice can go within 24 hours.
Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.