If a cheque given to you bounces, Section 138 of the Negotiable Instruments Act lets you prosecute the person who issued it – but only if you meet three strict deadlines. Enter the dates below to get yours.
Cheque Bounce Timeline Calculator (Section 138)
Enter the date your bank returned the cheque and see every legal deadline: demand notice, the 15-day payment window and the last date to file a complaint.
- Days left
- 20 days
- Last date to file complaint
- 06-01-2027
- Send a written demand notice to the drawer by 13-11-2026 (20 days left). Use Speed Post or Registered Post A.D. and keep the receipts.
- Dates marked "estimated" assume the notice is received 7 days after posting. Enter the actual delivery date for exact deadlines.
- 14-10-2026Cheque returned unpaid (return memo)
- 13-11-2026Last date to send demand notice30 days from the return memo.20 days left
- 20-11-2026Drawer receives the notice (estimated)27 days left
- 05-12-2026Drawer's 15-day payment window ends (estimated)15 days from receipt of the notice.42 days left
- 06-12-2026Right to file complaint begins (estimated)The day after the payment window ends, if the drawer has not paid.43 days left
- 06-01-2027Last date to file complaint in court (estimated)One month from the cause of action. File before the Magistrate with jurisdiction over your bank branch.74 days left
This tool gives general legal information, not legal advice. Deadlines depend on the facts of your case and the law can change. For more details, do consult a lawyer or a subject-matter expert.
Explain this result
Section 138 of the Negotiable Instruments Act makes bouncing a cheque for a debt a criminal offence, but only if you follow three strict steps:
1. Demand notice within 30 days of learning about the dishonour (your deadline: 13-11-2026).
2. Wait 15 days after the drawer receives the notice. If they pay within this time, no offence is made out. Payment window ends: 05-12-2026.
3. File the complaint within one month after that, i.e. from 06-12-2026 until 06-01-2027.
The court can punish the drawer with up to 2 years in jail and/or a fine of up to twice the cheque amount, and can order interim compensation of up to 20% (Section 143A).
Frequently asked questions
What is the time limit to send a legal notice for a bounced cheque?
The demand notice must be sent within 30 days of receiving information from the bank that the cheque was returned unpaid.
When can I file a cheque bounce case?
Only after the 15 days given to the drawer in the notice have ended without payment, and within one month after that.
Can I file a case if I missed the deadline?
A late complaint can be accepted if the court is satisfied there was sufficient cause for the delay. If the notice itself was late, a fresh presentation of the cheque within its validity may restart the process. Take advice from an advocate.
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The three deadlines
| Step | Deadline | Law |
|---|---|---|
| Send a written demand notice | Within 30 days of receiving the bank’s return memo | s.138 proviso (b) |
| Drawer’s time to pay | 15 days from receiving the notice | s.138 proviso (c) |
| File the complaint in court | Within 1 month after the 15 days end | s.142(1)(b) |
Conditions for a Section 138 case
- The cheque was given to pay a legally enforceable debt or liability.
- It was presented within its validity – 3 months from its date.
- It was returned unpaid for insufficient funds or because it exceeded the arrangement (other reasons, like “payment stopped”, can also qualify depending on facts).
- You sent the notice in time and the drawer did not pay within 15 days.
What the court can order
Imprisonment up to 2 years, a fine up to twice the cheque amount, or both. The court can also order interim compensation of up to 20% of the cheque amount during the case (s.143A).
Where to file
Generally in the court with jurisdiction over the branch of the bank where you (the payee) maintain the account in which the cheque was presented (s.142(2)).
Missed a deadline?
A late complaint can sometimes be accepted if the court condones the delay for sufficient cause. You may also be able to recover the money through a civil suit, which has a longer limitation period. For more details, do consult a lawyer about which route fits your facts.
Next: draft your notice with the cheque bounce legal notice generator.
This is general information, not legal advice. For more details, do consult a lawyer or a subject-matter expert about your own case.