Section 138 defence preparation
Cheque Bounce Defence in Kolkata: Notice, Liability and Trial Record
A cheque dishonour case should be analysed from the instrument, bank return, statutory notice, service record, alleged debt and the role of each accused. A defence cannot safely be built from the word “security” alone; the underlying transaction and liability at the relevant time must be examined.
Statutory sequence
Check cheque, dishonour, notice and complaint dates
Sections 138 to 145 of the Negotiable Instruments Act, 1881 address cheque dishonour, presumptions, company offences, cognizance, trial and evidence. Prepare an exact chronology of cheque date, presentation, return memo, notice dispatch, delivery or return, response, payment opportunity and complaint filing. Limitation requires case-specific calculation.
Instrument
Record account, signature position, completion of particulars and purpose of delivery.
Underlying liability
Collect agreements, invoices, loans, ledgers, settlements and payment adjustments.
Notice
Preserve the complete notice, postal or electronic service material and any reply.
Company role
Identify the drawer, signatory and factual responsibility alleged for each accused.
Defence theory
Tie each defence to documents and testimony
Possible issues may concern enforceable liability, payment, alteration, authority, account ownership, limitation, service or the accused person’s role. Each must be supported by admissible material. An inconsistent explanation across the notice reply, plea, documents and testimony can undermine credibility.
- Reconcile all payments before and after cheque delivery.
- Preserve bank statements and original transaction documents.
- Identify who can prove the business or loan record.
- Separate settlement strategy from admissions on liability.
Hearing preparation
Review presumptions and evidence, not slogans
The complaint and defence should be tested against the statutory presumptions and the actual record. General criminal-trial planning is covered in the criminal trial defence guide, but cheque cases require their own instrument and notice chronology.
File review
Bring the cheque, notice and transaction record
Share the cheque copy, return memo, statutory notice, service documents, reply, complaint, underlying agreement or invoices, payment ledger, bank statements, company records and every date relevant to presentation and filing.
Last reviewed: 4 September 2026. This is general information. The appropriate provision, forum, limitation analysis and remedy depend on the complete record; no result is guaranteed.
