How many days do I have to send a cheque bounce notice?
Under Section 138 of the Negotiable Instruments Act, 1881, you must send a written demand notice to the person who gave the cheque within 30 days of receiving the bank’s “cheque returned” memo. They then have 15 days to pay. If they don’t, you can file a complaint in court within one month after those 15 days end.
What starts the 30-day clock?
The clock starts on the day you receive the return memo from your bank, not the day the cheque was deposited. Keep the memo safe; it is the main proof in your case.
What must the notice say?
The notice must demand payment of the cheque amount, name the cheque number, date and bank, and give the drawer 15 days to pay. It should be sent by Registered Post or Speed Post so you have proof of delivery.
What happens after the notice?
If the money arrives within 15 days, the matter ends. If it doesn’t, a complaint can be filed in the court with jurisdiction over your bank branch within one month.
Key facts
| Law | Section 138 and 142, Negotiable Instruments Act, 1881 |
|---|---|
| Cheque validity | 3 months from the date written on the cheque |
| Send notice within | 30 days of receiving the bank’s return memo |
| Time to pay | 15 days after the notice is received |
| File complaint within | 1 month after the 15 days end |
| Possible penalty | Up to 2 years in jail, a fine up to twice the cheque amount, or both |
Steps
- Collect the cheque, the return memo and any proof of the debt
- Send the demand notice within 30 days of the memo
- Wait 15 days from the date the notice is received
- File the complaint within the next month if unpaid
Questions
Can I send the notice by WhatsApp or email?
Registered Post or Speed Post with tracking is the safest proof. Electronic service is sometimes accepted, but don’t rely on it alone.
I missed the 30 days. Is it over?
If the cheque is still within its 3-month validity, it can usually be presented again, which gives a fresh return memo and a fresh 30 days. Ask an advocate before you do this.
Do I need the original cheque?
Yes. Keep the original cheque and return memo; copies are not enough for court.
This guide is general information, not legal advice for your situation. Talk to an advocate before acting.