Cheque Bounce Notice Deadline Calculator — Section 138 Timelines
Section 138 of the Negotiable Instruments Act runs on strict deadlines, and missing any one of them can end the case before it starts. Enter the date on your cheque return memo and this works out the last date to send your demand notice, the date the drawer’s 15-day payment window closes, and the 30-day period in which a complaint must be filed.
AdvoMitra is a legal technology platform and is not a law firm. These tools and drafts are provided for general information. They are not legal advice, and no template fits every situation — have an advocate review anything you intend to rely on.
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How the Section 138 clock works
The cheque must be presented to the bank within three months of the date written on it. Once it is returned unpaid, three deadlines follow in sequence, and each one depends on the previous being met.
First, a written demand notice must reach the drawer within 30 days of your receiving the return memo. Second, the drawer then has 15 clear days to pay. Third, if payment is not made, a complaint must be filed within 30 days of that 15-day period expiring — and not before it.
Filing too early is as fatal as filing too late. A complaint presented before the 15 days expire is premature, and courts have dismissed cases on that ground alone.
The date that actually matters
The 15-day window starts when the notice is received, not when it is sent. This is where most disputes arise, because the drawer will often claim the notice never reached them.
Send by registered post with acknowledgement due, keep the postal receipt and the tracking record, and retain a copy of the notice itself. Where the notice is returned as refused or unclaimed, service is generally presumed — but you need the envelope and the postal endorsement to prove it.
What to keep ready
The dishonoured cheque in original, the bank’s return memo stating the reason, proof of the underlying debt or liability, a copy of the demand notice, and postal proof of dispatch and delivery.
The reason recorded on the return memo matters. ‘Insufficient funds’ and ‘account closed’ are squarely within Section 138. Some other endorsements are arguable, and are worth checking with an advocate before you spend money on a notice.
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