What is the limitation for a cheque bounce complaint?

One month from the cause of action, which arises the day after the drawer's 15-day payment period ends.

Can the notice be sent by WhatsApp or email?

Section 138 requires a notice in writing; courts have accepted electronic notices in some cases, but registered post or speed post with tracking remains the safe course.

What is the punishment under section 138?

Imprisonment up to two years, or fine up to twice the cheque amount, or both.

Cheque bounce under section 138 NI Act: timeline and procedure

Every deadline in a cheque dishonour case: the 30-day notice, the 15-day payment window, the one-month complaint period and where to file.

Updated 31 Oct 2026 · General information, not legal advice for a particular case.

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The ingredients

A cheque drawn on an account maintained by the drawer, for discharge of a legally enforceable debt or liability, presented within its validity (three months from its date), and returned unpaid for insufficiency of funds or because it exceeds the arrangement. The other conditions in the proviso to section 138 must then be met in order.

The timeline

Demand notice in writing within 30 days of receiving the bank's information that the cheque was returned unpaid — proviso (b).
The drawer has 15 days from receipt of the notice to pay — proviso (c).
If not paid, the cause of action arises on the day after those 15 days.
The complaint must be filed within one month of the cause of action — section 142(1)(b). A later complaint may be taken cognizance of if the complainant satisfies the court that there was sufficient cause for the delay.

Where to file

For a cheque delivered for collection through an account, the complaint lies in the court within whose local jurisdiction the branch of the payee's bank where the payee maintains the account is situated — section 142(2), as substituted in 2015.

Common mistakes

Counting the 30 days from the cheque date instead of from receipt of the return memo.
Filing before the 15-day payment window has ended: such a complaint is premature.
Not keeping proof of dispatch and delivery of the notice (postal receipt, tracking report, courier proof).

Frequently asked questions

What is the limitation for a cheque bounce complaint?: One month from the cause of action, which arises the day after the drawer's 15-day payment period ends.
Can the notice be sent by WhatsApp or email?: Section 138 requires a notice in writing; courts have accepted electronic notices in some cases, but registered post or speed post with tracking remains the safe course.
What is the punishment under section 138?: Imprisonment up to two years, or fine up to twice the cheque amount, or both.