Cheque returned unpaid? The law gives you strict time limits to act. A dedicated expert reviews your cheque and return memo, drafts and sends the Section 138 demand notice with delivery proof, and supports the next step if the payment is still not made.
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A cheque bounce notice is a written demand under Section 138 of the Negotiable Instruments Act, 1881, sent to the drawer of a cheque that was returned unpaid by the bank. It is the compulsory first step before a criminal complaint can be filed.
Last updated: October 2026. This page is general information, not legal advice for a specific case. Laws, court decisions and procedures can change, so we confirm the current position before you proceed.
When a cheque you received is returned by the bank as unpaid, usually because of insufficient funds, you cannot go straight to court under Section 138. You must first send a written notice to the drawer demanding the cheque amount. The drawer then gets 15 days from receiving the notice to pay. If the amount is still not paid, you can file a criminal complaint.
Everything depends on timing and accuracy. The notice must be sent within the legal time limit, must mention the cheque details, the return reason and the amount demanded, and must reach the right address. A late or defective notice can weaken the entire case, which is why many people get the notice drafted by an expert.
The provision itself can be read on India Code, and case status for a filed complaint can be checked on the eCourts portal.
Whether you are the payee or the drawer, the notice decides your next move.
Payments for goods or services that bounced.
Money lent or owed that was repaid by cheque.
Rent and fee payments that bounced.
The person or company that issued the cheque.
Not sure whether your case qualifies? Share the cheque date, return date and reason, and our experts will advise free of charge.
Why a proper notice is the strongest first step in recovering your money.
A valid, timely notice is required to file a Section 138 complaint, so it protects your right to take the case forward.
Many drawers pay once they see the legal consequences, which can recover your money without a long case.
The notice and its delivery proof show the dates, the amount and your demand in writing.
The 15-day period gives both sides a chance to settle on payment terms.
A cheque case can be tried in a summary manner, though the time still depends on the court.
Expert drafting reduces the risk of wrong details or missed deadlines that could cost you the case.
From dishonoured cheque to court complaint, with the time limits that matter.
Time limits are strict and run from specific dates. Outcomes are never guaranteed. Not to scale.
We check the cheque date, validity, amount, return reason and the nature of the debt to see whether Section 138 applies.
We work out the last date to send the notice from the date you received the bank's information, so that no deadline is missed.
The notice states the cheque details, the return reason and the amount demanded, and is sent by post and email with proof of delivery.
The drawer has 15 days from receiving the notice to pay. We track the delivery date and any reply or part payment.
If the amount is not paid, we help prepare the complaint and documents for filing before the competent court within the allowed period.
We guide you through hearings and any settlement, which can be recorded in writing and, where allowed, placed before the court.
Keep these ready to avoid delays. Our expert will confirm the exact list for your case.
The total has separate parts, and we show them separately so there are no surprises:
Court fee and other charges for filing the complaint differ by state and court, and are paid as applicable.
Our fee depends on whether you need only the notice or also complaint support, and on the complexity of the case. Call free for a custom quote before you pay anything.
Court appearances through advocates, settlement agreement drafting, and reply to a notice are quoted only if you need them.
We share a clear, itemised quote before you begin. Get your free quote →
Choose the situation that matches your case, or call free for a custom quote.
Payees who need the Section 138 demand notice.
Payees whose notice went unpaid.
Drawers who received a notice, or parties wanting to settle.
Our professional fee is quoted after a free call. Court fees are separate. Recovery of money and the outcome of a case depend on the facts and the court, and cannot be guaranteed. Not sure which option fits? Ask for a free consultation.
A quick view of the main routes, which can also be used together.
| Route | Where it happens | Purpose | Best suited for | Complexity |
|---|---|---|---|---|
| Section 138 demand notice | Sent by you to the drawer | Compulsory first step and 15-day chance to pay | Every cheque bounce case under Section 138 | Low |
| Settlement or negotiation | Between the parties, with written terms | Agreed payment, often in instalments | Parties who want to avoid a long case | Low |
| Section 138 complaint | Magistrate court with jurisdiction | Criminal proceeding with possible penalty and compensation | Drawer has not paid after the notice | Medium |
| Civil recovery suit | Civil court | Decree for recovery of the money owed | Larger or complex debts, alongside or instead of the complaint | High |
Most failed cases are lost on dates, details or missing proof.
What happens depends on whether the drawer pays, replies or stays silent.
Store the cheque, return memo, notice, postal receipt, tracking record and email proof together.
Check that the full amount is received, give a written receipt and return the cheque if appropriate.
The drawer may deny the debt or offer terms. We help you assess it and decide whether to negotiate or proceed.
If the amount is still unpaid, prepare and file the complaint within the allowed period without delay.
A written settlement can end the matter at any stage, and the court can be informed where the law allows.
Quick answers on cheque bounce notices in India.
A cheque bounce notice is a written legal demand sent to the person who issued a cheque that was returned unpaid by the bank. Under Section 138 of the Negotiable Instruments Act, 1881, it asks the drawer to pay the cheque amount within 15 days of receiving the notice, failing which a criminal complaint can be filed.
Yes. For a case under Section 138, the payee must first send a written demand notice to the drawer within the time allowed by law. A complaint filed without a valid and timely notice is likely to fail, so the notice must be drafted and sent carefully.
The cheque must be presented within its validity period, currently three months from the date on the cheque. The demand notice must be sent within 30 days of receiving information from the bank about the dishonour. The drawer then has 15 days from receiving the notice to pay, and if payment is not made, the complaint must generally be filed within one month after that period ends. A court may condone delay in filing the complaint for sufficient cause.
It generally applies when a cheque was issued to discharge a legally enforceable debt or liability, was presented within its validity, and was returned unpaid because of insufficient funds or because it exceeds the amount arranged with the bank. Other reasons for return, such as a closed account or stopped payment, can have a different legal position, so we review your case before advising.
On conviction under Section 138, the drawer can face imprisonment of up to two years, or a fine of up to twice the cheque amount, or both. The court may also order compensation to the complainant, and in some cases can direct interim compensation of up to 20 percent of the cheque amount during the case. The outcome depends on the facts and cannot be guaranteed.
The complaint is filed before a Magistrate court with jurisdiction. For a cheque deposited in the payee's account, this is generally the court where the branch of the payee's bank holding that account is located. The rule can depend on how the cheque was presented, so we confirm the right court for your case.
A written notice sent by email can be useful proof, but it is safer to send the notice by registered post or speed post as well, and also by email, and to keep the postal receipt, tracking record and email delivery proof. Correct addresses of the drawer matter, because the notice must reach or be deemed to reach the drawer.
You need the original dishonoured cheque, the bank's return memo, proof of presentation such as the deposit slip, proof of the debt such as an invoice, agreement, loan record or payment proof, the full name and address of the drawer, and your own identity details. A company complainant also needs authority for the person acting on its behalf. We confirm the exact list for your case.
Do not ignore it. Note the date you received it, because the 15-day period runs from that date. Check the details, gather your records, and decide whether to pay, dispute the claim with a written reply, or negotiate a settlement. A timely and well-drafted reply can protect your position and may prevent a complaint.
Our professional fee depends on whether you need only the notice, the complaint support as well, or a reply and settlement help. Court fees and other government charges are separate from our fee. We share an itemised quote after a free call.
Cheque bounced and the clock is ticking? Speak to our expert today – the consultation and the quote are free.
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