Cheque bounce legal notice (section 138)

Cheque bounced? Send a legal notice under section 138 of the Negotiable Instruments Act before the 30-day window closes.

Your deadline

Send within 30 days

of the day you received the bank's return memo. Enter that date below.

You and the drawer Your full name

Second sender (optional) Third sender (optional)

Sending together (a joint deposit, a couple)? Add the others. The notice says "we" and each signs.

Your current address Your phone or email (optional) Drawer name Drawer address

What happened

Cheque no. Cheque date

Bank and branch it is drawn on

Amount Bounced because

If other: reason on the memo (optional)

You presented it on Return memo received

It was given for (optional)

The notice asks for exactly the cheque amount. The Supreme Court (2025) held a notice demanding any other amount invalid. Interest and costs can be claimed later in court.

Anything else (one point per line) (optional)

Your demand

The law gives them 15 days from receiving the notice to pay the cheque amount. No interest or costs go in this demand.

Date of notice Place (optional)

Copies you will enclose (one per line) (optional)

How to send it

Print, sign every page and keep a photocopy.
Send it by Registered Post A.D. or Speed Post to the address above. Keep the postal receipt and, when it comes back, the A.D. card.
Also send a scanned copy by email or WhatsApp. It's a quick extra record, not a replacement.
Wait for the deadline. Note any reply or payment.
They have 15 days from receiving the notice to pay. Note the date on the A.D. card or tracking.
If they don't pay: file a complaint under section 138 within 1 month after those 15 days end, in the court where your bank branch is (where you deposited the cheque). A lawyer is usually worth it from here.

Template, not legal advice. For large amounts or disputes, consult an advocate.

Your notice

Updates as you type

LEGAL NOTICE

Without prejudice to my other rights and remedies

Date: 11-10-2026

By Registered Post A.D. / Speed Post

From:
[Your name]
[Your address]

To:
[Drawer name]
[Drawer address]

Subject: Legal notice under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque

Sir/Madam,

You issued to me cheque no. [Cheque no.] dated [Cheque date], drawn on [Bank and branch], for [Amount].
I presented the cheque for payment through my bank on [Date presented]. It was returned unpaid with the reason "Funds insufficient". I received the bank's return memo on [Date memo received].
The cheque was issued by you in discharge of a legally enforceable debt or other liability. Its return unpaid for the above reason is a dishonour of the cheque, for which you are liable under section 138 of the Negotiable Instruments Act, 1881.
I therefore call upon you to pay the said amount of the cheque, [Amount], within 15 days of receipt of this notice, by bank transfer / UPI / demand draft to me.
If you fail to pay within that time, I shall be constrained to initiate proceedings against you under section 138 read with section 142 of the Negotiable Instruments Act, 1881 before the competent court, entirely at your risk as to costs and consequences.
A copy of this notice is retained by me for further action.

Yours faithfully,

[Your name]
Payee

What are the deadlines for a cheque bounce case?

Under section 138 of the Negotiable Instruments Act, 1881, you must send the notice within 30 days of receiving the bank's return memo. The drawer then has 15 days from receiving the notice to pay. If they don't, a complaint must be filed within one month after those 15 days end (section 142). The court can condone a delay only for sufficient cause.

How much should the notice demand?

Exactly the cheque amount. In Kaveri Plastics v Mahdoom Bawa Bahrudeen Noorul (Supreme Court, 19 September 2025) the Court held that the notice must demand the very amount of the cheque. Interest and costs can be asked for later, in court.

Which court?

Since the 2015 amendment, section 142(2)(a) gives jurisdiction to the court where the branch of your bank (where you deposited the cheque) is.

The cheque was more than 3 months old

Cheques are valid for 3 months from their date (RBI, since 1 April 2012). If it was presented after that, section 138 may not apply. You may still be able to file a civil suit to recover the money.

Do I need a lawyer to send a legal notice?

No. You can send a notice in your own name. An advocate's letterhead can add weight, and for a large amount or a contested case it is worth paying for advice. Sending a notice does not stop the limitation period, so if it is ignored, file your claim in time.

Template, not legal advice. For large amounts or disputes, consult an advocate.