Find a Lawyer · Cheque Bounce
How to Find a Cheque Bounce Lawyer in Siliguri (2026)
A cheque bounce is one of the most common money disputes in India, and the law gives you a clear remedy, but only if you act within strict time limits. If you are in Siliguri and a cheque given to you has been dishonoured, this guide explains the Section 138 process step by step, the demand notice you must send, which court hears the case, what a cheque bounce lawyer in Siliguri usually costs, and how to check an advocate before you hire.
- Law: Section 138 of the Negotiable Instruments Act 1881 makes dishonour of a cheque punishable.
- Demand notice: must be sent within 30 days of the cheque return memo; the drawer then gets 15 days to pay.
- File by: within 30 days after the 15 day period ends; a missed deadline can end the case.
- Where: the Court of the Judicial Magistrate at Siliguri; a civil money recovery suit is a separate track.
- Fees: filing and pursuing a complaint is typically about Rs 15,000 to Rs 60,000; typical ranges only, confirm with the advocate.
- Verify: ask for the Bar Council of West Bengal enrolment number (Advocates Act 1961, Sections 22 and 24).
01What a cheque bounce case is
When a cheque you received bounces, that is, the bank returns it unpaid for reasons such as insufficient funds, the dishonour of the cheque can be both a criminal matter and a money recovery matter. Section 138 of the Negotiable Instruments Act 1881 makes the dishonour of a cheque a punishable offence when the cheque was given to discharge a debt or liability.
You usually have two tracks. A Section 138 complaint is the criminal track that can lead to compensation and penalty. A separate civil money recovery suit, or a summary suit, is the way to recover the amount as a debt. Many people pursue the Section 138 complaint first because it carries real pressure on the other side.
Keep the paperwork
You need the dishonoured cheque, the bank return memo (the cheque return memo), and proof of the debt. Collect these as soon as the cheque bounces, because the clock starts running.
02The Section 138 timeline you must follow
Section 138 has strict deadlines. Missing one can end your case before it starts, which is the main reason to involve a cheque bounce lawyer early.
- Cheque is dishonoured: the bank returns the cheque with a return memo.
- Send a demand notice within 30 days: a legal notice demanding payment must be sent to the drawer within 30 days of receiving the return memo.
- The drawer gets 15 days to pay: after receiving the demand notice.
- File the complaint within 30 days: if the drawer does not pay within those 15 days, you have 30 days after that to file the Section 138 complaint.
The single most common reason a cheque bounce case fails is a missed deadline. A lawyer keeps the Section 138 timeline on track.
03Which court in Siliguri hears it
A Section 138 cheque bounce complaint is filed before the Judicial Magistrate at Siliguri. A civil money recovery suit, if you choose that track, goes to the civil court at Siliguri based on the amount.
| Track | Where it is filed |
|---|---|
| Section 138 cheque bounce complaint | The Court of the Judicial Magistrate at Siliguri |
| Civil money recovery or summary suit | The Civil Judge or District Court at Siliguri, based on the amount |
| Appeal or revision | The Sessions Court at Siliguri, and the Calcutta High Court through its Circuit Bench at Jalpaiguri |
Jurisdiction in cheque bounce cases usually follows the location of the bank branch where the cheque was presented, so a Siliguri advocate can confirm the matter can be filed locally.
04What a cheque bounce lawyer costs
Cheque bounce work is common, so fees are fairly standard, though they vary with the amount and the number of hearings. These ranges are typical for a city like Siliguri. Confirm the exact fee and scope before you engage. Court fees are modest.
| Service | Typical fee range (confirm with the advocate) |
|---|---|
| First consultation | Free to about Rs 1,000 |
| Drafting and sending the Section 138 demand notice | About Rs 2,000 to Rs 8,000 |
| Filing and pursuing a Section 138 complaint | About Rs 15,000 to Rs 60,000, sometimes per hearing |
To understand how these fees are usually charged and what to ask, see how lawyer fees work in India.
05Free and low-cost options
If the amount is small or you cannot afford a private advocate, check these first.
- District Legal Services Authority (DLSA): the DLSA serving the Siliguri sub-division can help eligible people, under the Legal Services Authorities Act 1987.
- Lok Adalat: cheque bounce matters are very commonly settled at Lok Adalats, where the parties agree on repayment and the case is closed at no court fee. Ask about this early, as it can save time for both sides.
06How to check an advocate is genuine
Before you share the cheque and documents or pay, confirm the person is a real, enrolled advocate.
- Bar Council enrolment: every practising advocate must be enrolled with a State Bar Council under the Advocates Act 1961 and hold a valid enrolment number. Advocates in Siliguri are enrolled with the Bar Council of West Bengal.
- Right to practise: under Section 22 of the Advocates Act, an enrolled advocate holds a certificate of enrolment. Only an advocate entitled to practise can appear for you.
- Listed vs verified vs entitled: listed means a name is shown. Verified means the enrolment was checked. Entitled means the advocate is in good standing. Prefer verified and entitled.
07How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
That same technology also powers Claw Find a Lawyer, a separate service that connects you with a verified, independent advocate for your matter. You describe your situation, a cheque bounce, a dishonour of cheque, a Section 138 notice, or a money recovery, in a short guided chat. Claw then matches you with an advocate who handles cheque bounce matters and practises in or near Siliguri, for an online or in-person consultation.
Because the Section 138 deadlines are tight, the Rs 99 priority request is matched faster, and a free basic request is also available. The advocate Claw connects you with is independent and practises on their own. Claw does not hire, employ or empanel advocates, is not a law firm, and no one at Claw is your advocate or gives legal advice. The advocate professional fee is paid directly to that advocate and, under Bar Council of India Rule 36, Claw does not share it. You can start at Claw Find a Lawyer.
08Frequently asked questions
How long do I have to act on a bounced cheque?
The deadlines are strict. Send a demand notice within 30 days of receiving the cheque return memo. The drawer then has 15 days to pay. If they do not, you must file the Section 138 complaint within 30 days after that 15 day period ends. Missing any of these deadlines can end your case, which is why many people involve a cheque bounce lawyer early.
Which court handles a cheque bounce case in Siliguri?
A Section 138 cheque bounce complaint is filed before the Court of the Judicial Magistrate at Siliguri. Jurisdiction usually follows the bank branch where the cheque was presented, so a Siliguri advocate can confirm the case can be filed locally. A civil money recovery suit, if you choose that track, goes to the civil court based on the amount.
How much does a cheque bounce lawyer in Siliguri charge?
Drafting and sending the Section 138 demand notice is typically about Rs 2,000 to Rs 8,000, and filing and pursuing the complaint about Rs 15,000 to Rs 60,000, sometimes charged per hearing. These are typical ranges only and vary with the amount and the number of hearings. Confirm the fee and scope in writing before you engage.
Can a cheque bounce case be settled without a full trial?
Yes. Cheque bounce matters are very commonly settled at Lok Adalats, where the parties agree on repayment and the case is closed at no court fee. Even during the Section 138 proceedings, the parties can settle. Ask your advocate about this early, as it often saves time and cost for both sides.
Do I need to send a legal notice myself or can a lawyer do it?
A cheque bounce lawyer should draft and send the Section 138 demand notice, because it must state the facts and the demand correctly and go within 30 days of the return memo. A badly worded or late notice can weaken or end your case, so this is not a step to improvise.