Important Parts of a Valid Section 138 Complaint:
For a Section 138 complaint to be valid, the following conditions must usually be met:
- Legally recoverable liability: The Cheque must be for a debt or liability that can be legally enforced, like paying a loan, an invoice, rent, a salary, or a professional fee.
- Presenting the Cheque within its validity period: The bank should receive the Cheque within its validity period, which is usually three months from the date on the Cheque , unless otherwise stated.
- Dishonour by bank: The bank sends the Cheque back unpaid with a note saying "insufficient funds," "exceeds arrangement," or any other legally valid reason.
- Bank return memo: The person who complained must get a written memo or return slip from the bank that explains why the payment was not made.
- Notice of demand within 30 days: Within 30 days of getting the bank memo, you must send a written notice asking for payment of the Cheque amount.
- Not paying within 15 days: The drawer does not pay within 15 days of getting the notice.
- Complaint within the time limit: The Section 138 complaint is filed within the time limit set by law after the reason for the complaint happens.
- Proper jurisdiction: The complaint is filed with the right magistrate court that has the power to hear cases involving Bounced Cheque.
Step by step, here's how we deal with your Section 138 complaint:
- Document vetting: We Cheque your cheque, bank memo, notice, postal proof, and transaction documents to make sure they meet the requirements of Section 138.
- Complaint writing: We write a clear, chronological complaint that lists all important dates, amounts, and events in a way that is easy for the court to understand.
- Affidavit and annexes: We write your supporting affidavit and make sure that all of the attachments are properly marked and paginated so that there are no problems when you file.
- Filing in court: The Section 138 complaint is filed with the right magistrate along with the court fees, vakalatnama, and document sets, as is standard practice in Delhi courts.
- Before the summons: We help you gather evidence before the summons so that the court is satisfied that there is a prima facie case and issues a summons to the accused.
