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Cheque bounce notice and complaint under Section 138 of the NI Act

Guide · Last verified against the bare Acts on 2026-11-09

When a cheque is returned unpaid for insufficient funds, the payee must send a legal notice demanding payment within 30 days of learning of the dishonour. If the drawer does not pay within 15 days of receiving the notice, the payee can file a complaint under Section 138 of the Negotiable Instruments Act, 1881 within one month after that 15-day period ends.

Key points

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Dishonour of chequeSection 138 NI Act, 1881—
Cognizance and limitation for the complaintSection 142 NI Act—
Complaint procedure before the MagistrateSection 223 BNSSSection 200 CrPC

Which court or authority

The court of the Judicial Magistrate of the First Class within whose jurisdiction the payee’s bank branch is situated (Section 142 NI Act).

What the document should contain

Documents to attach

Procedure

  1. Send the demand notice within 30 days of the return memo
  2. Wait 15 days from service of notice
  3. File the complaint within the next one month with an affidavit
  4. Pre-summoning evidence on affidavit; summons; plea; evidence; judgment

Common mistakes

Sample cheque bounce notice and complaint (section 138 ni act) format

A short model to show the structure. Adapt the cause title, facts and prayer to your matter.

LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 By Registered Post A.D. / Speed Post / Email Date: [__] To, [Name of drawer] [Address] Sub: Dishonour of cheque no. [__] dated [__] for Rs. [__] drawn on [bank, branch] Under instructions from and on behalf of my client [name, address], I serve you the following notice: 1. That you issued the above cheque to my client towards [nature of debt/liability]. 2. That my client presented the cheque through [bank, branch] on [date]; it was returned unpaid with the remark “[Funds Insufficient / Exceeds Arrangement]” by return memo dated [__], received by my client on [__]. 3. You are hereby called upon to pay the cheque amount of Rs. [__] to my client within 15 days of receipt of this notice. 4. If you fail to do so, my client will be constrained to file a complaint under Section 138 of the Negotiable Instruments Act, 1881 and take other proceedings at your risk as to costs and consequences. A copy of this notice is retained in my office. [Advocate’s name] Advocate, [enrolment no.], [address, phone]

Frequently asked questions

What is the time limit to send a cheque bounce notice?

Within 30 days of receiving information from the bank that the cheque was returned unpaid.

When can I file the Section 138 complaint?

After the 15 days given in the notice expire without payment, and within one month from then.

Where should the cheque bounce case be filed?

In the court within whose jurisdiction the payee’s bank branch (where the cheque was presented for collection) is situated.

Is a security cheque covered by Section 138?

It can be, if on the date of presentation there was a legally enforceable debt or liability; this depends on the facts.

Cheque Bounce Notice and Complaint (Section 138 NI Act) formats in the library (34)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.