Cheque-Bounce Pack
A complete Section 138 of the Negotiable Instruments Act toolkit — a 30-day demand notice the moment the cheque returns memo arrives, a timeline tracker for the 15+30+30 day statutory clock, and a magistrate complaint draft if the 30-day window expires.
Cheque bounced? Here's the clock.
Section 138 of the Negotiable Instruments Act, 1881. You have a tight statutory timeline — miss it by one day and the right to prosecute is gone.
Enter the key dates
The date stamped on the bank's dishonour memo / advice.
Leave blank if you haven't sent yet — we'll compute the deadline.
Your statutory timeline
Parties and cheque details
Only 'insufficient funds', 'exceeds arrangement', and 'stop payment' clearly attract Section 138.
§138 only covers cheques given for a legally enforceable debt or other liability. Gift cheques or security deposits without underlying liability are not covered.
Generate the demand notice — within 30 days of the memo
If no payment in 15 days — generate the complaint
Filed before the Judicial Magistrate First Class (JMFC) / Metropolitan Magistrate, within 30 days after the 15-day grace period expires. Total: day 16 to day 45 from the day the drawer received your notice.
Evidence pack to file with the complaint
- Original cheque — DO NOT deface or mark it
- Bank's return memo / dishonour advice — original; this dates the 30-day clock for the notice
- Copy of the demand notice + proof of service — speed-post receipt, courier slip, AND the unclaimed / refused envelope if the drawer evaded service
- Bank statement / passbook entry — showing the cheque was deposited and then debit-reversed
- Proof of underlying debt / liability — loan agreement, invoice, ledger entry, or even a written acknowledgement
- Complainant's affidavit — under §145(1) NI Act; this serves as your examination-in-chief
Key precedents you should cite
- Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129 — Jurisdiction lies where the cheque is dishonoured. (Now superseded by the 2015 amendment to §142(2): jurisdiction is where the payee's bank branch is.)
- K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510 — Notice is 'given' when it is posted; service is presumed unless rebutted.
- C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555 — Drawer cannot defeat the notice by simply not collecting it from the post office.
- Indian Bank Association v. Union of India (2014) 5 SCC 590 — Cheque cases must be tried summarily; complainant's affidavit u/s 145(1) can stand as evidence.
Disclaimer: This pack helps you draft a §138 demand notice and a Magistrate complaint. The 15-day and 30-day windows are statutory — missing them defeats the prosecution. Strongly consider an advocate for the complaint filing and trial; this pack is informational, not legal advice (BCI Rule 36).