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Section 138 cheque bounce timeline calculator
Enter the dates you know and see every deadline under Section 138 of the Negotiable Instruments Act: cheque validity, the legal notice, the drawer’s 15 days and the last date to file the complaint.
Your deadlines
Enter the cheque date or the date you received the return memo to start. Each date you add fills in the next deadlines.
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Start freeHow the Section 138 timeline works
| Step | Time limit | Law |
|---|---|---|
| Present the cheque | 3 months from the cheque date (its validity) | S. 138 proviso (a); RBI |
| Send the legal notice | 30 days from receiving the return memo | S. 138 proviso (b) |
| Drawer pays | 15 days from receiving the notice | S. 138 proviso (c) |
| File the complaint | 1 month from the cause of action (day after the 15 days) | S. 142(1)(b) |
| Late complaint | Allowed if sufficient cause for the delay is shown | Proviso to s. 142(1)(b) |
Periods are counted excluding the day they start from (General Clauses Act, s. 9); the complaint window follows Saketh India Ltd. v. India Securities Ltd., (1999) 3 SCC 1.
Cheque bounce FAQs
What is the time limit to send a cheque bounce notice?
The legal notice must be sent within 30 days of receiving the bank’s information that the cheque was returned unpaid (Section 138, proviso (b), Negotiable Instruments Act, 1881).
How long does the drawer get to pay after the notice?
15 days from the date the drawer receives the notice. If the amount is paid within those 15 days, no offence under Section 138 is made out.
When must the cheque bounce complaint be filed?
Within one month from the date the cause of action arises, which is the day after the 15-day payment period ends (Section 142(1)(b)). A court may take cognizance of a later complaint if sufficient cause for the delay is shown.
Where is a cheque bounce case filed?
Before the Magistrate within whose jurisdiction the payee’s bank branch, where the cheque was delivered for collection, is situated (Section 142(2), as amended in 2015).
What is the punishment for cheque bounce under Section 138?
Imprisonment of up to two years, or a fine of up to twice the cheque amount, or both.
For general reference only, not legal advice. Deadlines depend on the facts, such as when information and notices were actually received; confirm them for your matter.
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