Practice area

Cheque bounce petitions in the Karnataka High Court

Petitions to quash Section 138 complaints, challenge summoning orders and sentences, and settle cheque dishonour cases in the High Court.

Cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881 are among the most common criminal cases in the courts. The statute is strict about notice and time, and defects in the process are a frequent basis for High Court petitions.

What this work involves

• Petitions under Section 528 of the BNSS to quash complaints on grounds such as defective or time-barred notice, no legally enforceable debt and non-impleadment of the right persons
• Directors and company officers: challenges to vicarious liability where the complaint does not state their role
• Challenges to summoning orders and to orders directing interim compensation
• Revisions and appeals against conviction and sentence
• Settlement and compounding of cases, with the court's approval
• Suspension of sentence pending appeal

Frequently asked questions

Can a Section 138 complaint be quashed by the High Court?

In suitable cases, yes, for example where the statutory notice was not given within the time allowed, or the complaint discloses no case against a particular director.

Can cheque dishonour cases be settled?

Yes. The offence is compoundable, and courts encourage settlement, sometimes with costs.

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