The Negotiable Instruments Act, 1881, particularly Section 138, is a crucial legal framework designed to combat financial crimes related to dishonored cheques. Financial misconduct is universally unacceptable, whether in society, business transactions, or daily dealings, and this act plays a vital role in addressing such offenses effectively.
Enacted during British rule, the Act regulates important financial instruments like cheques and bills of exchange. A cheque is essentially a bill of exchange drawn on a specified banker and payable on demand. When a cheque is presented but cannot be processed due to reasons such as insufficient funds, stopped payment, account suspension, overwriting, or expiry, it is considered dishonored or bounced.
Cheque bounce cases are among the most frequent legal disputes in India, with nearly 40 lakh cases pending according to Supreme Court data. The common reasons for bounced cheques include insufficient balance, expiry of validity, and overwriting. It is essential for affected individuals to understand their legal rights and remedies under Section 138 of this Act.
Section 138 establishes a legal process involving various parties such as the complainant, accused, magistrates, lawyers, witnesses, and sometimes forensic experts. After a complaint is registered, the court issues a summons to the accused. If the accused does not respond, the court may issue warrants or even non-bailable warrants. Upon appearing, the accused must either admit guilt or face further proceedings.
This law protects individuals and businesses against cheques issued with fraudulent intent. Advocate Dipesh V Soni, a seasoned Cheque Bounce Lawyer in Ahmedabad, has extensive experience in cases under the Negotiable Instruments Act, 1881, Section 138. Known as one of the top advocates in Ahmedabad and Gujarat, he specializes in cheque bounce, criminal, family, and civil matters. His practice spans Ahmedabad, Gandhinagar, Nadiad, Anand, Vadodara, Surat, and other towns in Gujarat.
As experienced cheque bounce advocates, we possess in-depth knowledge of interpreting various sections of the Negotiable Instruments Act, 1881. Our skilled team of criminal lawyers is proficient in filing complaints related to cheque dishonor cases and adeptly managing all parties involved—including complainants, accused individuals, bank officials, postal department personnel, and witnesses during cross-examinations. We are also well-versed in identifying weak points in cases, such as disputes over legal notices, replies to notices, complaints, and overall case details.
According to the legal procedure, individuals found guilty—either through confession or trial—can face imprisonment for up to two years, along with fines amounting to twice the cheque amount, as well as other possible penalties.
In all such matters, our expert cheque dishonor lawyers provide dedicated representation. With extensive experience, we have successfully handled significant cases involving both individuals and corporate clients.
Currently, we represent numerous companies and NBFCs in cheque bounce cases across Ahmedabad, Gandhinagar, Nadiad, Anand, Baroda, Vadodara, Surat, and other smaller cities in Gujarat. Our capability to manage complex and challenging cases has established our law firm as one of the leading legal practices in Ahmedabad, Gujarat.