How many days must be given to the drawer to pay?

The drawer must be given exactly 15 days to pay the cheque amount from the date they receive the notice. The criminal cause of action only arises on the 16th day if payment is not made.

When can a criminal complaint be filed under Section 138?

A criminal complaint must be filed before the jurisdictional Judicial Magistrate within 30 days after the 15-day notice period expires without payment, under Section 142 of the Act.

Cheque Bounce Notice Generator – Section 138 NI Act Draft

Q: What is the strict deadline to send a cheque bounce notice in India?

The statutory demand notice must be dispatched within 30 days of receiving the cheque return memo from the bank, as mandated under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881.

1. Payee (Complainant) Details

Full Name of Payee

Complete Postal Address

Phone Number

Email Address

2. Drawer (Accused) Details

Full Name of Drawer (Account Holder)

Complete Postal Address

3. Cheque & Dishonour Specifics

Cheque Number

Date of Cheque

Cheque Amount (in ₹)

Drawee Bank & Branch

Date of Bank Return Memo

Notice must be sent within 30 days of this date.

Reason for Dishonour

Underlying Debt / Consideration Description

Specify the legally enforceable debt for which the cheque was issued.

Statutory Demand Notice

Enter the bounced cheque details on the left and click "Generate Section 138 Notice Draft" to compile the formal statutory demand.

This is a self-help statutory drafting aid, not legal advice. The 15-day period begins on the day the recipient receives this notice.

Statutory Timeline Under Section 138 NI Act

Step 1: Notice within 30 Days of Return Memo: You must dispatch this statutory notice within 30 days of receiving the cheque return memo from the collecting bank.
Step 2: Mandatory 15-Day Cure Period: The drawer has exactly 15 days from the date they receive this notice to pay the full cheque amount. You cannot file a criminal complaint before this 15-day period lapses.
Step 3: Filing the Complaint within 30 Days: If the drawer fails to make the payment within the 15-day period, the criminal cause of action arises on day 16. You must file a complaint before the Judicial Magistrate within 30 days thereafter (under Section 142).
Step 4: Dispatch Proof: Send this notice by Registered Post AD or Speed Post. Keep the postal receipt and delivery tracking printout for submission as court Exhibit A.

Frequently Asked Questions About Section 138 Notices

What is the strict deadline to send a cheque bounce notice in India?

The notice must be dispatched within 30 days of receiving the cheque return memo from the bank, under Section 138(b) of the Negotiable Instruments Act. Missing this 30-day window forfeits your right to file a Section 138 criminal complaint.

Can I demand interest or damages in a Section 138 notice?

The primary demand must be the exact cheque amount. While you can mention interest and legal drafting costs separately, demanding an inflated consolidated lump sum without clearly isolating the principal cheque amount can jeopardize the statutory validity of the notice.

What is the penalty for cheque dishonour under Section 138?

Offenders can face imprisonment of up to 2 years, a fine up to twice the cheque amount, or both. Additionally, under Section 143A, the trial court can direct the accused drawer to deposit up to 20% of the cheque amount as interim compensation.

Section 138 Cheque Bounce Notice Generator