Asked by a reader in Bengaluru

I have been summoned in a cheque bounce case. What actually happens in court?

Answered by Advocate Sharan Jain··Cheque Bounce Matters

Short answer

It is a summons case tried summarily. You appear, are furnished the complaint, your plea is recorded, the complainant's evidence usually goes in by affidavit, you cross-examine, your statement is recorded, then defence evidence and arguments. Most cases settle before that finishes.

A Section 138 case is a criminal trial, but a light one, and knowing its shape removes most of the anxiety.

The sequence

  1. Summons. After the complaint is filed and the complainant's sworn statement recorded, the Magistrate takes cognizance and issues summons. Attend, or apply through your lawyer for exemption from personal appearance, which is routinely granted in these cases.
  2. Appearance and bail. You are usually released on furnishing a bond. The offence is bailable.
  3. Furnishing the complaint and recording your plea under Section 251 of the CrPC scheme, now the corresponding BNSS provision. If you plead not guilty, the trial proceeds.
  4. Complainant's evidence. Under Section 145 of the NI Act, the complainant's evidence may be given on affidavit, which is why these trials move faster than ordinary ones. You have the right to apply to cross-examine.
  5. Statement of the accused, where the incriminating circumstances are put to you.
  6. Defence evidence, then final arguments and judgment.
Interim compensation can be ordered early
Under Section 143A, the Magistrate may direct the accused to pay the complainant interim compensation of up to 20 percent of the cheque amount, and this can be ordered where the accused pleads not guilty. It is payable within 60 days, extendable by 30. Non-payment can be recovered as a fine. Many accused persons are taken by surprise by this, and it is often what drives a settlement.

What decides the case

Rarely the cheque itself, which is usually admitted. It is whether the accused can rebut the Section 139 presumption of a legally enforceable debt. That requires evidence, not merely a suggestion in cross-examination. Bank statements, accounts, and correspondence do the work.

Timelines

The statute contemplates disposal within six months. Reality is longer, commonly a couple of years, though summary procedure and affidavit evidence have improved it. Repeated non-appearance is the main cause of delay, and it results in warrants.

Nothing there yet? Send the question in and it gets answered here.

Related legal service

Dealing with this yourself rather than reading about it? Our Bangalore advocates work in this area.

Cheque Bounce Matters →Book a Confidential Consultation

Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 5, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

← All answered questions

People also asked

Cheque Bounce & Recovery

My cheque bounced. What do I do first and what are the time limits?

30 days from the bank's return memo to send the demand notice, 15 days for the drawer to pay, then 30 days to file the complaint. Miss the notice window and you usually lose the criminal remedy.

Cheque Bounce & Recovery

The other side says the cheque was only given as security. Does that end the case?

No, not automatically. A cheque given as security can still attract Section 138 if a legally enforceable debt existed when it was presented. It is a defence the accused has to prove, not an exit.

Cheque Bounce & Recovery

Can a cheque bounce case be settled and closed?

Yes. Section 147 makes every offence under the Act compoundable, so the parties can settle at any stage. Settle early: the Supreme Court in Damodar Prabhu prescribed graded costs that increase the later in the proceedings compounding happens.

Criminal Law & Bail

I received a summons from a court. What happens if I do not go?

The court escalates. First a bailable warrant, then a non-bailable warrant, and eventually proclamation and attachment of property. Ignoring a summons converts a manageable case into an arrest situation, and it destroys your credibility on bail.

Cheque Bounce & Recovery

The cheque was issued by a company. Can the directors be prosecuted personally?

Yes, under Section 141 of the NI Act, but only those who were in charge of and responsible for the conduct of the business at the relevant time. The company must itself be arraigned as an accused, and the complaint must contain a specific averment about each director.

Cheque Bounce & Recovery

Someone owes me money and will not pay. What are my options?

Start with a legal notice. Then pick the route by what documents you hold: a summary suit under Order 37 CPC if the debt is on a written instrument, a Section 138 complaint if a cheque bounced, MSME Samadhaan if you are a registered micro or small supplier, or arbitration if the contract provides for it.

S Jain & Attorneys · Ask Me

Still not the question you had in mind?

Search the column, or send your question in. Questions of general interest are answered here, anonymously, so the next person does not have to ask.

Search the columnAsk a question