Cheque Bounce
What is the time limit to send a cheque bounce notice?
Quick Answer
Under Section 138 of the Negotiable Instruments Act, you must send a written demand notice within 30 days of receiving the bank's cheque return memo. If the amount is unpaid within 15 days of the notice, you can file a complaint within the next 30 days.
Cheque dishonour for insufficient funds is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881, but only if you follow the statutory timeline exactly. The steps are strict and time-bound:
- Within 30 days of receiving the bank's return memo, send a written demand notice to the drawer asking for the cheque amount.
- The drawer then has 15 days from receiving the notice to pay.
- If payment is not made, you must file the complaint within 30 days after that 15-day window ends.
Missing any of these deadlines can defeat an otherwise strong claim, so diarise them the moment the cheque bounces.
In practice at the Lucknow Bench, the most common fatal mistake we see is a notice sent late or to the wrong address. We always send it by registered post and keep the dispatch receipt and tracking, because proof of proper service is what the court examines first.
Note also that a single debt can support only one Section 138 complaint. Splitting the same transaction into multiple complaints is not permitted, so the notice must correctly reflect the full amount due. If the 15-day period lapses without payment and you miss the 30-day filing window, the court can still condone the delay only on a properly reasoned application, which is far harder than filing on time.
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Answer by Advocate Onkar Pandey, Advocate, Allahabad High Court, Lucknow Bench (Bar Council of UP, Enrolment 4825-1999). This is general legal information, not a substitute for advice on your specific case.
Need help with your own case?
Talk to Advocate Onkar Pandey, Allahabad High Court, Lucknow Bench.