Cheque bounce notice and deadline calculator
Enter your cheque dates to see the last day to send a legal notice and to file a case under Section 138 of the Negotiable Instruments Act, 1881. You then get a draft notice to review. The time limits are short, so work them out as soon as the cheque comes back.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Step 1: your dates
Step 2: your draft notice
What to do after the cheque bounces
- Keep the original cheque and the bank's return memo. You will need both for any case.
- Send the notice within 30 days of the return memo, by a method that gives you proof, such as registered post with acknowledgement due or speed post. Keep the postal receipt and the tracking record.
- Note the date the notice was delivered, then count 15 days.
- If payment does not come, file the complaint within one month after those 15 days end. Filing before the 15 days are over can make the complaint invalid.
Our page on cheque bounce cases explains what happens in court and what the law allows in terms of punishment and compensation.
Common questions
How many days do I have to send a cheque bounce notice?
The notice must be sent in writing within 30 days of the day you receive information from the bank that the cheque was returned unpaid. This usually means the date on the return memo. Missing this date can end your right to file a case under Section 138.
How long does the other person get to pay after the notice?
They get 15 days from the day they receive your notice. If they do not pay the cheque amount within those 15 days, the offence is complete. You cannot file the case before these 15 days have ended.
When is the last date to file a Section 138 case?
You must file the complaint within one month from the day the right to sue arises, which is the day after the 15 days to pay have ended. A court can accept a late complaint if you show good reason, but you should not rely on that.
Which court do I file a cheque bounce case in?
Under Section 142(2), the case goes to the court with jurisdiction over the place where the branch of your bank is, if you deposited the cheque through your account. An advocate can confirm the right court for your facts.
Can a cheque that bounced be deposited again?
Yes, you can present it again while it is valid, which is normally three months from its date. If you do, the 30 days for the notice run from the latest return memo. Once you have sent a notice and the 15 days have ended, the time to file keeps running.
Does this draft notice need an advocate?
The law asks for a written notice and does not say an advocate must send it. Many people use an advocate because a mistake in the amount, the parties or the dates can harm the case later. Please have the draft checked before you send it.