AdalatSaathi

Cheque bounce under Section 138: timelines every payee must know

The 30-day notice, the 15-day payment window and the one-month filing limit under the Negotiable Instruments Act, explained.

24 Oct 2026 · 5 min read · AdalatSaathi

If a cheque given to you is returned unpaid for insufficient funds, Section 138 of the Negotiable Instruments Act, 1881 lets you take criminal action. The law has strict timelines, and missing one can weaken your case.

The key timelines

  1. Present the cheque within its validity, normally 3 months from its date
  2. Send a written demand notice to the drawer within 30 days of receiving the bank's return memo
  3. The drawer then has 15 days from receiving the notice to pay
  4. If they do not pay, file the complaint within one month after those 15 days end

What the law provides

  • Punishment can extend to two years' imprisonment, a fine up to twice the cheque amount, or both
  • The court may order interim compensation of up to 20% of the cheque amount (Section 143A)
  • The offence is compoundable, so the parties can settle at any stage, including at Lok Adalat

Practical tips

  • Keep the original cheque and the bank's return memo safe
  • Send the notice by a trackable method and keep proof of delivery
  • Note every date in writing

This article is general information, not legal advice. For your case, AdalatSaathi can connect you with an independent, enrolled advocate for the notice and complaint.

ℹ️ General information only, not legal advice.

Check your challan

Get help →

Articles & guides

1 Nov 2026 · 5 min read

Delhi traffic challan Lok Adalat 2026: how to register and get your token

Step-by-step guide to registering pending Delhi traffic challans for the National Lok Adalat, what to keep ready and why slots fill so fast.

Read article →
31 Oct 2026 · 4 min read

Bihar e-challan: how to check pending challans and settle them at Lok Adalat

Check Bihar traffic e-challans online, understand which ones can go to Lok Adalat, and how settlement works in Patna and other districts.

Read article →
30 Oct 2026 · 5 min read

Rent agreement in India: 11-month agreements, stamp duty and registration explained

Why most rent agreements are for 11 months, when registration is required, and the clauses every landlord and tenant should include.

Read article →
29 Oct 2026 · 5 min read

Mutual consent divorce in India: process, timeline and documents

How mutual consent divorce works under Section 13B of the Hindu Marriage Act: eligibility, the two motions, the waiting period and documents.

Read article →
27 Oct 2026 · 3 min read

How to check pending traffic challans online by vehicle number (all India)

A quick guide to checking pending e-challans on the official Parivahan portal, plus what to do if a challan is pending in court.

Read article →
1 Nov 2026 · 4 min read

How to settle a traffic challan in Lok Adalat: step-by-step guide (2026)

What Lok Adalat is, which documents you need, how registration works and what happens on the day, explained simply.

Read article →
28 Oct 2026 · 3 min read

Which traffic challans can be settled at Lok Adalat, and which cannot?

Minor, compoundable offences are usually eligible; serious ones are not. A plain-language checklist.

Read article →