Cheque BounceSection 142, Negotiable Instruments Act, 1881

Section 142 NI Act

Can I still file a case for a bounced cheque after the one‑month deadline?

Short answer

You must file a written complaint within one month, but the court may accept a later filing if you show a good reason.

In detail

The law says that a court can start a case for a bounced cheque (the offence in section 138) only when the person who was supposed to receive the money – the payee or the holder in due course – files a written complaint. The complaint must be lodged within one month from the day the right to complain arises. If you miss that one‑month deadline, the court can still accept your complaint, but you must convince the judge that you had a valid reason for the delay. The complaint must be in writing; without it, the court cannot even open the case. Only higher‑level magistrates (a Metropolitan Magistrate or a Judicial Magistrate of the first class) are allowed to hear such cases. The court that will hear the matter is chosen based on where the bank accounts involved are kept: if the cheque was sent for collection, the relevant branch is where the payee’s account is; if the cheque was presented for payment, it is the branch where the drawer’s account is located. This ensures the case is tried in the appropriate local court.

Reviewed by LegalX Editorial · 3 September 2026View sourcePowered by IKanoon

Related questions

Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.

Chat with us