A bounced cheque is not just a payment problem — under Section 138 of the Negotiable Instruments Act, 1881 it is a criminal offence, with a strict timeline that both sides must follow.
The Section 138 timeline
| Step | Time limit |
|---|---|
| Present the cheque to the bank | Within its validity (3 months from the date on the cheque) |
| Send a legal demand notice | Within 30 days of the bank’s return memo |
| Drawer must pay | Within 15 days of receiving the notice |
| File the complaint | Within one month after those 15 days end |
What we do
- Check the timeline and documents — cheque, return memo, underlying invoice or agreement.
- Draft and send the statutory notice by registered post and other traceable modes.
- File the complaint before the competent court in Raipur with your evidence affidavit.
- Seek interim compensation under Section 143A where appropriate.
- Settlement or trial — the offence is compoundable, and many matters settle once proceedings begin.
For drawers
If you have received a Section 138 notice, the 15-day window matters. A timely, well-drafted reply and an early settlement discussion can avoid prosecution.