Section 138 NI Act cheque bounce deadline calculator
Enter the bank's return memo date and, if known, when the demand notice was sent and received. Get the last day to send notice, the end of the drawer's 15-day payment window, the date the cause of action arises and the last day to file the complaint.
Starter rules for guidance. Check the dates against the bank memo and postal records, and the latest rulings on service of notice, before filing.
Dates
Deadlines
Enter at least the return memo date.
The section 138 timeline
The payee must send a written demand within 30 days of receiving the bank's information that the cheque was returned unpaid (section 138 proviso (b)). The drawer then has 15 days from receiving the notice to pay (proviso (c)).
If payment is not made, the cause of action arises the day after the 15 days end, and the complaint must be filed within one month of that day (section 142(1)(b)). Delay can be condoned for sufficient cause under the proviso to section 142(1)(b).
Where to file
After the 2015 amendment, the complaint is filed where the payee's bank branch (where the cheque was delivered for collection) is situated, for an account-payee cheque (section 142(2)).
Inside AdvocateFlow, the bulk mode imports a spreadsheet of cheques, tracks every case through these stages and drafts the notices and complaint synopses.
Frequently asked questions
How many days do I have to send a cheque bounce notice?
Thirty days from receiving the bank's return memo.
How long does the drawer have to pay after the notice?
Fifteen days from the date the drawer receives the notice.
What is the limitation for filing a section 138 complaint?
One month from the date the cause of action arises, that is, the day after the 15-day payment period expires.
Can a delayed section 138 complaint be filed?
Yes, if the court condones the delay for sufficient cause under the proviso to section 142(1)(b).
Which court has jurisdiction for a cheque bounce case?
For an account-payee cheque, the court where the payee's bank branch is situated (section 142(2) as amended in 2015).
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