Dear client,
As per section 138 of Indian Negotiable Instrument Act, says that
INGREDIENTS OF OFFENCE UNDER SECTION 138:
The cheque should have been issued for the discharge , in whole or part, of any debt or other liability
The cheque should have been presented within a period of six months or within its validity period whichever is earlier.
The payee or holder in due course should have issued a notice in writing to the drawer within 30 days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. After receipt of the said notice from the holder in due course, the drawer should have failed to pay the cheque within 15 days of receipt of the said notice.
You can go through this decision:
CHAIRMAN, JAWAHAR COOPERATIVE URBAN BANK LTD. AND OTHERS VS. RAMANJANEYA ENTERPRISES, HYD. AND ANOTHER.
Negotiable Instrument (Amendment) Act, 2018.
The new Section 143 A empowers the Court trying an offence under Section 138 of the NI Act (cheque dishonor cases) order the drawer of the cheque to pay interim compensation to the complainant. The interim compensation so payable shall be twenty percent of the amount of the impugned cheque. Earlier, there was no such relief available to the complainant under the Act.
I can assure you that you got case as per the recent amendments.