Cheque Bounce Notice Template

Generate a legal notice for cheque dishonour under Section 138 of the Negotiable Instruments Act.

⚠️ This tool provides general information only and does not constitute legal advice. Consult a qualified lawyer for your specific situation.

1

Within 30 days of receiving bank dishonour memo — send this notice

2

15 days given to drawer to pay after receiving notice

3

Within 1 month of payment deadline passing — file complaint in court

Payee Name (You)

Payee Address

Drawer Name (Cheque Issuer)

Drawer Address

Cheque Number

Bank Name & Branch

Cheque Amount (₹)

₹

Date of Cheque

Date of Dishonour

Reason for Dishonour (from bank memo)

Underlying Transaction

Fill in the details above to generate your cheque bounce notice

Section 138 NI Act — Key facts

Cheque dishonour is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. Conviction can lead to imprisonment up to 2 years and/or fine up to twice the cheque amount.

30-day notice deadline

You must send the demand notice within 30 days of receiving the dishonour memo from your bank. Missing this window voids your Section 138 complaint.

15 days to pay

The drawer gets 15 days after receiving the notice to make payment. Only if they fail to pay can you file a criminal complaint.

File complaint within 1 month

After the 15-day payment window expires without payment, you must file your complaint within 1 month. The court is typically the Magistrate in the area where the cheque was presented.

Frequently asked questions

What if the cheque bounces multiple times?

Each dishonour gives rise to a fresh cause of action, but you must send a separate notice for each dishonour within 30 days of each memo. Courts have held that multiple presentations can extend your options, but get legal advice on your specific facts.

Can I file both criminal (Section 138) and civil suit simultaneously?

Yes. Section 138 is a criminal complaint for the offence. You can also file a civil suit for recovery of the amount. Both can proceed simultaneously.

What if the drawer claims the cheque was given as security?

Under Section 138, even security cheques are covered. If the cheque was given for a legally enforceable debt, its dishonour is an offence. The drawer must prove the cheque was not issued for a debt.

Which court should I file the complaint in?

The complaint must be filed before a Magistrate having jurisdiction over the area where the cheque was presented for payment (i.e., the bank branch where you deposited the cheque).

Can I send the notice via email or WhatsApp?

Courts prefer notices sent via Registered Post AD. Email notices have been accepted in some cases but are risky as primary proof. Always send by RPAD and optionally follow up with email for a paper trail.