Where to file a cheque bounce case and how it runs
Which court has jurisdiction, what the complaint needs, and what happens at each hearing.
General legal information, not legal advice. Timelines are indicative and depend on your facts. Consult an advocate or CA before acting on a notice, dispute or recovery.
Short answer
File the complaint before the Judicial Magistrate in the area where your bank branch is, the branch where you deposited the cheque. The case is tried summarily, and most evidence is given by affidavit.
Which court?
| Situation | Court with jurisdiction |
|---|---|
| Cheque deposited for collection in your account | Where your (payee's) bank branch is located |
| Cheque presented directly at the drawer's branch | Where the drawer's bank branch is located |
| Several cheques of the same drawer bounced | All cases can be heard in the court where the first case was filed (section 142A) |
This rule came in with the 2015 amendment. Before that, drawers often forced creditors to file in far-off cities.
Who files?
The payee or the holder in due course. A company or firm files through an authorised person, supported by a board resolution or authority letter.
What the complaint contains
Following the Supreme Court's 2025 guidelines, complaints should open with a short synopsis covering:
- Party details, including the drawer's email and phone for electronic summons
- Cheque details and the reason for dishonour
- Notice date, mode and delivery date
- Date the cause of action arose
- Relief sought
Attach the original cheque, return memo, notice with postal proof, and debt documents.
How the case runs
| Stage | What happens |
|---|---|
| 1. Filing and cognizance | The magistrate examines the complaint and your affidavit and issues summons |
| 2. Summons | Served by hand (dasti), post and electronically. The summons should mention that the accused can pay the cheque amount online through a QR code or UPI link at this first stage |
| 3. First appearance | The court records whether the accused admits the cheque and signature, what the defence is, and whether they want to settle |
| 4. Interim compensation | The court may order up to 20% of the cheque amount to be paid to you (section 143A) |
| 5. Evidence | Your evidence can be given on affidavit (section 145). The accused may cross-examine |
| 6. Judgment | Conviction or acquittal, plus compensation |
Settlement is possible at any stage. Paying early is cheaper for the accused (see Interim compensation, appeals and settlement).
How long does it take?
The law aims for a decision within 6 months. In practice, busy courts take longer. The 2025 guidelines add monthly monitoring to cut delays.
Sources
- India Code — Negotiable Instruments Act, 1881
- Supreme Court — Sanjabij Tari v. Kishore S. Borcar, 2025 INSC 1158 (26 Sep 2025)
Last verified: 30 Sep 2026.