What a cheque bounce case costs depends on how far the matter travels. A complaint under section 138 of the Negotiable Instruments Act, 1881 that ends in an early settlement before the Magistrate costs far less than one that runs through the complainant's evidence, cross-examination, the accused's defence, and an appeal. Any advocate who quotes you one fixed figure before reading the dishonour memo, the statutory notice and the reply is guessing, and you should treat that number as a guess.
FileX Advocates handles cheque bounce cases under section 138 at the courts in and around Kolkata. This page explains how the charging usually works; the firm's own rates are published separately and you should read those before you call.
How advocates charge in Kolkata
There is no single tariff. In practice a cheque dishonour brief is billed in one of four ways, and the right one depends on whether you are the complainant or the accused, and how likely the matter is to settle.
- A fixed fee for a defined task. Drafting and issuing the statutory demand notice, or drafting the complaint and the affidavit in support, is a discrete piece of work that can be priced up front. Many people start here because they only want the notice sent.
- A per-hearing appearance fee. The advocate is paid for each date the case is listed and attended. A cheque case can be listed many times for appearance, framing of notice, evidence, and arguments, so this is the biggest variable in the total.
- Stage-wise fees. The brief is split into stages: pre-filing and notice, complaint and cognizance, complainant's evidence, defence evidence, final arguments. Each stage is billed when it is reached.
- A retainer. Businesses that receive a steady stream of dishonoured cheques, or that face several complaints at once, often agree a monthly retainer that covers a defined volume of work.
A first consultation is normally a paid, half-hour to one-hour meeting where the advocate reads the cheque, the bank's return memo, the notice and any reply, and tells you whether a complaint is maintainable and what the realistic route is. Bring copies of everything.
What is not the advocate's fee
The fee for professional work is only one part of what you will spend. These are separate and are usually paid by the client directly:
- Court fees and any process fee the court charges for issuing summons to the accused.
- Notary charges for attestation of the complaint, vakalatnama or affidavits.
- Photocopying, printing, binding and the cost of extra sets of documents.
- Travel and out-of-pocket expenses for the advocate, when the court is outside the city.
- Fees of a handwriting or forensic expert, if the signature or the cheque itself is disputed.
- Translator or certified-copy charges, if any document is in another language or you need a certified copy of an order.
- Any amount you deposit under an order of the court, such as interim compensation under section 143A of the Negotiable Instruments Act, which belongs to the other side and is not a fee at all.
What drives the cost up or down
The cheapest cheque case is the one that settles early. Beyond that:
- Complainant or accused. Defending a section 138 complaint usually involves more hearings and more drafting than filing one, because the complainant carries the initial burden and the defence has to meet the statutory presumption that the cheque was issued for a debt.
- Settlement prospects. If the drawer pays within the fifteen-day window after the notice, no complaint is needed beyond the notice itself.
- Whether the accused appears. An absent accused means repeated publication, substituted service and possibly a warrant, all of which add dates.
- Evidence. Bank witnesses, disputed signatures, and a claim that the cheque was given as security rather than for a debt all lengthen the trial.
- Interim compensation and appeals. Applications for interim compensation and any appeal or revision add stages and therefore cost.
- Whether the other side is represented by a seasoned advocate. A contested matter with both sides represented simply takes longer.
Timelines you should not miss
These are set by section 138 and apply to everyone, and missing them is the most common reason a complaint fails:
- The payee must present the cheque within its validity period.
- The payee must send a written demand notice to the drawer within thirty days of receiving the bank's return memo.
- The drawer has fifteen days from receipt of the notice to pay.
- If the drawer does not pay, the complaint must be filed within one month of the day the cause of action arises.
These periods are statutory. Because the exact date of receipt of the notice controls the rest, keep the postal receipt and the tracking record.
Questions to ask before you engage an advocate
- Is my complaint within time, and on what date does the limitation expire?
- Is the fee per hearing, per stage, or fixed for the whole case?
- What exactly does the quotation cover, and what will be charged extra?
- Who attends the court on each date, and is that included?
- How will you tell me about each hearing and its outcome?
- If the matter settles, how is the fee adjusted?
- What costs other than your fee should I budget for?
Our published fees
FileX Advocates publishes its consultation and appearance fees so that people can decide before they commit. Our published consultation and appearance fees are set out on our pricing page. If your matter does not fit a listed option, we will give you a written quotation for a cheque bounce complaint under section 138 after reading the papers. You can reach us through the contact page, and our guides explain the notice and complaint stages in more detail.
Do I have to pay the whole fee at the start?
Usually not. Fixed tasks such as a notice are paid when instructed. Stage-wise work is normally paid as each stage begins, and per-hearing work is paid date by date or in agreed instalments.
Can an advocate take a share of the cheque amount instead of a fee?
No. A fee contingent on the outcome of a criminal case is not permissible, and an advocate cannot share in the subject matter of the litigation. Fees are for professional work, not for a slice of the recovery.
Is the other side's fee recoverable from me?
In a section 138 complaint a court can award costs, and there is a provision for interim compensation, but whether and how much is ordered depends on the facts. Do not budget on recovering your own advocate's fee from the accused.