In short. In Delhi, a cheque bounce complaint is filed before the NI Act court of the district where the payee's bank branch lies. After summons, the accused appears and furnishes bail, the court frames the substance of accusation under section 274 BNSS, the complainant is cross-examined, the accused is questioned under section 351 BNSS, defence evidence is led and judgment follows.
Most people who file or face a cheque bounce case have never been inside a criminal court before. They expect a quick hearing and an order. What they get is a series of short dates spread over months, each one with a specific purpose, and a trial that turns on documents and a few hours of cross-examination. Knowing what each date is for, and what to bring to it, saves both time and money.
This post walks through the stages as they actually unfold in the Delhi district courts, for both the complainant and the accused. The notice that must come before the case is covered in our post on the cheque bounce legal notice and its 30-day deadline. Our cheque bounce practice page gives the overall picture of the remedy and the defences.
- Court
- Judicial Magistrate (NI Act court) in the relevant Delhi district
- Where
- District of the payee's bank branch (section 142(2))
- Nature
- Bailable, compoundable, usually tried summarily
- Maximum sentence
- Up to 2 years, or fine up to twice the cheque amount, or both
- Interim deposit
- Up to 20% of the cheque amount (section 143A)
- Appeal
- To the Sessions Court within 30 days of conviction
Which Delhi court will hear my cheque bounce case?
The case is heard by a Judicial Magistrate designated for Negotiable Instruments Act cases, in the district court complex that covers the area where your bank branch is. Since the 2015 amendment, section 142(2) ties jurisdiction to the branch where the payee maintains the account and deposited the cheque, not to the drawer's bank. So a payee who banks in Janakpuri files at Tis Hazari or Dwarka depending on the police station area of the branch, and the drawer in Mumbai or Lucknow has to travel to Delhi.
Delhi's district courts sit in seven complexes: Tis Hazari, Saket, Patiala House, Karkardooma, Rohini, Dwarka and Rouse Avenue. Each district has several NI Act courts, and Delhi has also set up digital courts where some categories of cheque complaints are filed electronically and heard largely online. Which court your complaint goes to depends on the district and on the current allocation notified by the District Judge, so check the cause list or the filing counter before you file. The rules on territorial jurisdiction are explained in our post on where to file a cheque bounce complaint after the 2015 amendment.
How a section 138 case runs, stage by stage
This is the usual order in a Delhi NI Act court. Some stages take one date; others take several.
Filing the complaint
The complaint under section 138 read with section 142 is filed with the complainant's affidavit of evidence, the original cheque, return memo, notice and postal proofs. It is filed within one month of the cause of action, which arises the day after the drawer's 15 days expire.
Pre-summoning scrutiny
The magistrate checks the complaint, the dates and the affidavit evidence. If a prima facie case is made out, process is issued under section 227 BNSS. There is usually no separate oral examination of the complainant.
Summons and service
Summons go by post, courier, the court process server, by the complainant personally (dasti) and increasingly by electronic means. The complainant files proof of service.
Appearance and bail
The accused appears, furnishes a bail bond, and receives copies of the complaint and documents. If the accused does not appear, the court issues a bailable warrant, and later a non-bailable warrant.
Notice stage
The court explains the substance of the accusation under section 274 BNSS and asks whether the accused pleads guilty. The accused states his defence and applies under section 145(2) NI Act to cross-examine the complainant. Interim compensation may be sought here.
Complainant's evidence
The complainant's affidavit is treated as his evidence-in-chief. He is cross-examined by the accused's advocate, and any other witness, such as a bank official, is examined.
Statement of the accused
The court puts the incriminating evidence to the accused under section 351 BNSS. He can answer orally and file a written statement of his defence.
Defence evidence
The accused may examine himself and other witnesses and produce documents, for example to show the debt was repaid or the cheque was security for something else.
Final arguments and judgment
Both sides argue, usually with written submissions, and the court acquits or convicts. On conviction it hears the accused on sentence and fixes compensation.
Filing the complaint: what goes into the file
A complaint is a short document: who the parties are, the debt, the cheque, the dishonour, the notice, the failure to pay, and the dates that show the complaint is in time and in the right court. With it goes the complainant's affidavit of evidence under section 145 of the NI Act, which repeats those facts on oath and exhibits the documents. Section 145 lets this affidavit be read as evidence, which is why a cheque case does not need the complainant to tell his story again in the witness box.
The originals matter. The court will want the original cheque and return memo, the notice, postal receipts, tracking reports or AD cards, and any returned envelope, still sealed. A company or firm files through an authorised person, with a board resolution or authority letter; a power-of-attorney holder can file and depose if he has personal knowledge of the transaction, as the Supreme Court explained in A.C. Narayanan v State of Maharashtra (2014). A vakalatnama, with the Delhi welfare stamp, completes the filing if an advocate appears.
In 2025 the Supreme Court, in Sanjabij Tari v Kishore S. Borcar, directed that every cheque complaint carry a short synopsis in a set format immediately after the index, giving the cheque details, the dishonour, the notice and the relief at a glance. Ask your advocate or the filing section for the current format. Most Delhi district courts now accept e-filing, and some categories of NI Act complaints are filed only electronically.
Will the court hear the accused before issuing summons?
This question arose after the BNSS came into force on 1 July 2024. Section 223 BNSS, which replaced section 200 CrPC for complaint cases, has a proviso saying that no magistrate shall take cognizance of an offence without giving the accused an opportunity of being heard. Some magistrates began issuing a notice to the proposed accused before summoning in cheque cases filed after that date, and the practice varied from court to court.
In Sanjabij Tari (2025) the Supreme Court indicated that a pre-cognizance summons under section 223 BNSS is not required in section 138 cases. The Delhi High Court has separately referred broader questions on the stage at which cognizance is taken under section 223 to a larger bench. In practice, most complainants in Delhi now see summons issued on the papers, but if your court issues a pre-cognizance notice, the accused should appear and can point out a clear defect, such as a time-barred complaint or a notice for the wrong amount. It is not the stage for a full defence.
How summons are served, and the option to pay early
Section 144 of the NI Act allows summons in cheque cases to be sent by speed post or approved courier, and the BNSS permits electronic service. The Supreme Court in Sanjabij Tari added that the complainant should also serve the summons personally (dasti) and file an affidavit of service, with action against him if the affidavit is false. Service delays were for years the single biggest reason cheque cases stalled at the first stage, so complainants should keep current addresses, phone numbers and email IDs of the accused ready at filing.
The same judgment asked District Judges to set up online payment links, through QR codes or UPI, so that an accused can pay the cheque amount at the outset and have the case closed. Where this facility exists in your district, the summons will say so. For an accused who accepts the debt, paying at this stage is by far the cheapest way out. An accused who never received the statutory notice can also pay within 15 days of receiving summons, and the complaint will then not proceed.
The accused's first appearance: bail and exemption
Section 138 is a bailable offence, so an accused who appears in answer to summons is released on bail as of right under section 478 BNSS, usually on a personal bond with or without one surety. The surety needs an ID and proof of address and, in many courts, documents showing some property or a bank account. Bring these on the first date, because if the surety is not ready the court may keep the matter till later in the day.
If the accused does not appear despite service, the court typically issues a bailable warrant first, and if that too is ignored, a non-bailable warrant and eventually proclamation proceedings. Many cases against people living outside Delhi sit at this stage for a long time. Once appearance is made, the accused can apply for exemption from personal attendance on routine dates under section 228 BNSS, appearing through his advocate, though he must attend for the notice stage, his statement and the judgment. What to do on receiving summons or a warrant is covered in our post on summons or warrant in a cheque bounce case.
The notice stage: where the defence is first stated
Once the accused has appeared, the court frames the substance of accusation under section 274 BNSS (old section 251 CrPC) and asks whether he pleads guilty. Delhi courts follow a practice, laid down by the Delhi High Court many years ago, of asking the accused at this stage to state his defence and to say whether he wants to cross-examine the complainant. His answers are recorded in the order sheet, and the Supreme Court in Sanjabij Tari endorsed recording the accused's responses in this way before deciding whether to try the case summarily.
This is also when the accused files an application under section 145(2) of the NI Act to recall the complainant for cross-examination. Without it, the complainant's affidavit evidence may stand unchallenged. The application should briefly say why cross-examination is needed: the debt is disputed, the cheque was security, the amount was filled in later, the loan was repaid.
In cheque cases that come to Advocate B.K. Singh's office at the Dwarka courts, the hearing that most often shapes the trial is this one. A defence stated vaguely at the notice stage ("I do not owe anything") is hard to build on later; a defence stated specifically ("the cheque was a blank security cheque for a supply agreement that ended in March, and the balance was settled by bank transfer") tells the court what the trial will be about. Complainants should expect an application for interim compensation under section 143A at or soon after this stage, and many courts also refer the parties to the mediation centre in the same complex.
Summary trial or summons trial?
Section 143 of the NI Act says cheque cases shall be tried summarily, following the summary trial procedure of the criminal procedure code (now Chapter XXII of the BNSS). In a summary trial the magistrate can sentence the accused to imprisonment of up to one year and a fine above ₹5,000. If the magistrate feels that a longer sentence may be needed, or that the case is unsuitable for summary trial, he records reasons and tries it as a summons case instead, which allows the full two-year sentence.
For the parties, the difference is mostly in the depth of the record. In a summary trial, evidence is recorded more briefly, though in practice Delhi courts record cross-examination in reasonable detail because the judgment can be appealed. Section 143(3) also asks courts to try to finish the case within six months of filing. That target is rarely met, but it is a reason courts are firm with parties who seek repeated adjournments.
The complainant's evidence and cross-examination
The complainant's affidavit is his examination-in-chief. The real test is cross-examination, which usually takes one or two dates. The questions are predictable: where did the money come from, was the loan shown in income tax returns, why was a large amount paid in cash, why was there no written agreement, who filled in the cheque, when was it handed over, what happened to earlier repayments. A complainant who has not looked at his own papers for a year often stumbles on dates.
Since September 2025 one common line of attack has narrowed. In Sanjabij Tari the Supreme Court held that a debt arising from a cash loan above ₹20,000 is still a legally enforceable debt for section 138, even though section 269SS of the Income Tax Act prohibits such cash loans. The accused can still question whether the complainant had the means to lend that cash, and that question remains a fair one.
If a bank official is needed, for example to prove a signature mismatch or the date the return memo was issued, the complainant can summon him with the bank's records. Under section 146 of the NI Act the bank's memo is itself prima facie evidence of the dishonour, so bank witnesses are needed only where something specific is disputed.
The accused's statement and defence evidence
After the complainant's evidence closes, the court questions the accused under section 351 BNSS (old section 313 CrPC), putting to him each piece of evidence against him. This is not on oath and he cannot be cross-examined on it. Many Delhi courts allow the accused to file a written statement setting out his defence in detail along with his oral answers. What he says here should match what he said at the notice stage and in his reply to the legal notice, if he sent one.
The accused may then lead defence evidence. He can step into the witness box himself, call bank officials to produce account statements, call the person who wrote out the cheque, or produce documents such as a loan closure letter, ledger, emails and WhatsApp messages (with the section 63 BSA certificate for electronic records). Defence evidence is optional. Many cases are argued on the complainant's cross-examination alone, because the presumption can be rebutted from the complainant's own answers.
What the court weighs at final arguments
Two presumptions do most of the work. Section 118 presumes that a negotiable instrument was made for consideration, and section 139 presumes that the holder received the cheque for the discharge of a debt or liability. The Supreme Court in Rangappa v Sri Mohan (2010) held that the section 139 presumption includes the existence of a legally enforceable debt. Once the accused admits his signature on the cheque, the burden shifts to him.
He does not have to disprove the debt beyond reasonable doubt. He has to raise a probable defence, on a balance of probabilities, either through his own evidence or through the complainant's answers in cross-examination. Courts look at the whole picture: the complainant's financial capacity, the documents, the consistency of each side's story, how the cheque came to be in the complainant's hands, and the reply to the legal notice. The technical points, such as a late notice, a wrong amount or a premature complaint, are also argued here if they were not taken earlier.
What each stage needs from you
A quick reference for both sides. Dates in Delhi NI Act courts are short, and the purpose of each one is fixed.
| Stage | Complainant | Accused | Personal presence |
|---|---|---|---|
| Filing and pre-summoning | Complaint, affidavit, originals, synopsis | Nothing yet | Complainant or authorised representative |
| First appearance | Proof of service | Bail bond, surety documents, vakalatnama | Accused must attend |
| Notice stage | Reply to section 145(2) and 143A pleadings | Defence stated; section 145(2) application | Accused must attend |
| Complainant's cross-examination | Original documents, own papers revised | Questions prepared from documents | Complainant must attend |
| Statement of accused | Nothing new | Answers and written statement | Accused must attend |
| Defence evidence | Cross-examination of defence witnesses | Witnesses and documents | Witnesses must attend |
| Arguments and judgment | Written submissions | Written submissions | Accused must attend on judgment date |
Judgment, sentence and compensation
If the court acquits, the case ends unless the complainant appeals. If it convicts, it hears the accused on sentence before passing the order. The maximum is imprisonment for two years, or a fine of up to twice the cheque amount, or both. In practice Delhi courts often impose a sentence of fine or a short sentence combined with compensation to the complainant under section 395 BNSS (old section 357 CrPC), with imprisonment in default of payment. The compensation commonly covers the cheque amount and something for the delay, and any interim compensation already paid is adjusted against it.
On conviction, the accused can apply for suspension of sentence so that he is not taken into custody while he files an appeal; for a bailable offence like this one the trial court usually grants it for the appeal period. The appeal goes to the Sessions Court within 30 days. The appellate court may then require a deposit of at least 20% of the fine or compensation under section 148, discussed in our post on appealing a cheque bounce conviction and the 20% deposit.
Can the case be settled midway?
Yes, at any stage. Section 147 makes the offence compoundable, and Delhi courts refer a large share of cheque cases to the mediation centres in the district complexes or to Lok Adalats. A settlement usually takes the form of a written agreement recorded before the mediator or the court, with payment in one go or in instalments and the case kept pending until the last instalment is paid.
Costs of compounding depend on timing. Under the guidelines in Sanjabij Tari (2025), compounding before defence evidence is recorded carries no cost; after defence evidence but before judgment, 5% of the cheque amount is payable; in the Sessions Court or High Court, 7.5%; and in the Supreme Court, 10%. The mechanics of settling at each stage are covered in our post on compounding a cheque bounce case, and Lok Adalat settlements in our post on settling cases in Lok Adalat.
A made-up example: a ₹6 lakh supply cheque at the Dwarka courts
Here's a made-up example. Kapoor Traders, which banks at a branch in Dwarka Sector 6, supplies hardware to a contractor, Sandeep, and receives a cheque of ₹6,00,000 against three invoices. The cheque returns "funds insufficient". Notice is sent in time, Sandeep does not pay, and Kapoor Traders files a complaint through its partner, with a partnership authority letter, at the Dwarka district courts.
Summons is issued on the papers. Sandeep, who lives in Gurugram, ignores the first summons, and a bailable warrant follows. He appears on the next date with a surety and is released on bail. At the notice stage he says the cheque was a blank security cheque, that one of the three invoices was for goods never delivered, and that he owes only ₹3,80,000. He files a section 145(2) application, and Kapoor Traders applies for interim compensation. The court, finding his defence partly plausible on the challans, orders interim compensation of 10% rather than the full 20%.
After the partner's cross-examination, in which the delivery challan for the disputed invoice turns out to be unsigned, both sides go to the mediation centre and settle at ₹5,00,000 in four monthly instalments. The case stays pending till the last instalment and is then compounded, with no compounding cost because defence evidence had not started.
How long does a cheque bounce case take in Delhi?
Honestly, it varies too much to promise anything. A case where the accused is served quickly and settles at the notice stage can end within a few months. A fully contested trial commonly takes one to three years in a Delhi district court, and longer if the accused avoids service or the court is overloaded. The six-month target in section 143(3) is a direction to the court, not a right either side can enforce.
Three things shorten cases more than anything else: correct addresses for service at the start, a complainant who attends every evidence date, and an accused who states a real defence early rather than seeking adjournments. Absence costs the most. If the complainant does not appear, the court can dismiss the complaint and acquit the accused under section 279 BNSS; if the accused does not appear, warrants follow.
Papers to keep ready for the trial
Complainant
- Original cheque and return memo
- Copy of the legal notice, postal receipts, tracking reports and AD cards
- Bank statements showing the loan or payment
- Invoices, ledger, agreement or acknowledgment
- Income tax returns if a large loan was given
- Authority letter or board resolution for a company or firm
Accused
- Copy of the complaint and documents received with summons
- Reply to the legal notice, if sent
- Proof of repayments: bank statements, receipts, messages
- Agreement showing the cheque was given as security
- Correspondence asking for return of the cheque
- ID and address proof, and surety documents for bail
Mistakes that slow down or sink a case in court
- Missing evidence dates. A complainant who skips the date fixed for his cross-examination risks dismissal of the complaint. An accused who skips dates gets warrants and loses the court's patience on exemptions.
- No section 145(2) application. Accused persons sometimes assume cross-examination happens automatically. In Delhi courts the request is made by application at the notice stage.
- A changing story. A defence that shifts from "no debt" in the reply notice to "cheque stolen" at the notice stage to "debt repaid" in the section 351 statement is rarely believed.
- Originals not produced. The original cheque and memo must be shown to the court when exhibited. Photocopies alone weaken the complainant's case.
- Ignoring interim compensation orders. An unpaid section 143A order is recoverable as a fine, and it colours how the court sees the accused for the rest of the trial.
- Refusing to talk settlement. Many cheque cases are really about recovering money. Mediation at the right stage often gives the complainant more, sooner, than a conviction years later.
What to do this week
If you are the complainant and your notice period has run, check the last date for filing, assemble the originals and the proof of the debt, and get the complaint and affidavit drafted so that the dates, the amount and the story match the notice. If you have received summons, note the date, collect the complaint papers, arrange a surety and documents for bail, and write down your defence with dates before you meet your advocate.
If you would like an advocate to read the complaint or the summons and explain where your case stands, the team of Advocate B.K. Singh at B.K. Singh & Associates can review the papers; you can write to us through the enquiry page. For the broader working of criminal courts in the city, see our page on criminal courts and police stations in Delhi, and for how mediation fits into court cases, our page on alternate dispute resolution.
Frequently asked questions
Which court hears cheque bounce cases in Delhi?
A Judicial Magistrate designated for NI Act cases in the Delhi district where the payee's bank branch is located. Some categories of complaints are heard in Delhi's digital courts, depending on current notifications.
Is the accused arrested in a cheque bounce case?
Usually not. Section 138 is bailable, so an accused who appears on summons gets bail on a bond. Warrants are issued only if the accused ignores summons.
Do I have to appear in person on every date?
The accused must appear on the first date, at the notice stage, for the section 351 BNSS statement and on the judgment date. On other dates the court can exempt him and let his advocate appear. The complainant must attend his own cross-examination.
What is the notice stage in a cheque bounce case?
It is the hearing where the court explains the accusation under section 274 BNSS and asks whether the accused pleads guilty. In Delhi the accused also states his defence and files an application under section 145(2) to cross-examine the complainant.
What is a section 145(2) application in a cheque bounce case?
It is the accused's application to recall the complainant, whose evidence was given by affidavit, for cross-examination. It is usually filed at the notice stage and should briefly say why cross-examination is needed.
Can a company file a cheque bounce case through an employee?
Yes. The company files through an authorised officer or employee under a board resolution or authority letter. The person deposing should know the transaction or be supported by someone who does.
Can the accused be heard before summons are issued?
Section 223 BNSS requires hearing the accused before cognizance in complaint cases, but the Supreme Court indicated in 2025 that a pre-cognizance summons is not required in section 138 cases. Practice in individual courts can vary, so follow the order in your case.
What happens if the complainant stops attending court?
The magistrate can dismiss the complaint for non-appearance and acquit the accused under section 279 BNSS. A complainant who cannot attend should send an advocate and apply for exemption in advance.
Can a cheque bounce case be filed online in Delhi?
Delhi district courts accept e-filing, and some categories of NI Act complaints are filed only electronically in the digital courts. Original documents still have to be produced when the court asks.
How much compensation does the court award on conviction?
The court can impose a fine of up to twice the cheque amount and usually directs compensation to the complainant covering the cheque amount and something for the delay. Interim compensation already paid is adjusted against it.
Can the accused pay the cheque amount and end the case early?
Yes. Payment at the first stage, including through online payment links where the court has set them up, allows the court to close or compound the case. Before defence evidence, compounding carries no cost under the 2025 Supreme Court guidelines.
What happens after conviction in a cheque bounce case?
The court passes sentence and compensation, and usually suspends the sentence for the appeal period on request. The appeal lies to the Sessions Court within 30 days, where a deposit of at least 20% of the fine or compensation may be ordered.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.