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Cheque bounce notice under section 138

How do I send a legal notice for a bounced cheque?

A section 138 demand notice for the exact cheque amount, with your dates for the notice, the drawer's 15 days and the complaint.

  • Notice under section 138
  • Your dates

₹499₹799

Launch price until 30 November. ₹799 after that.

Advocate-drafted notices are usually priced ₹1,499 to ₹2,499.

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Section 138 of the Negotiable Instruments Act, 1881 needs three things in order. The cheque must be presented within its validity, which is three months from its date. The payee must make a written demand for the amount within thirty days of the bank's information that the cheque was returned. The drawer then has fifteen days from receiving the notice to pay.

If the drawer does not pay in those fifteen days, section 142(1)(b) lets you file the complaint within one month from the day after they end. The pack builds the notice for the exact cheque amount, quotes the return memo in your words, and works out each of these dates from your cheque date, the day the bank first told you and the day you date the notice.

The pack refuses to build a notice that would already be late, or for a cheque presented after its three months, and tells you the reason. A business payee is written as we and signs for the business. We can send the notice for you by registered post, so you hold proof of the date the drawer received it.

Fill in your own

₹499₹799

Launch price until 30 November. ₹799 after that.

Advocate-drafted notices are usually priced ₹1,499 to ₹2,499.

You, the payee

Your name, or your business name *
Your address *

The drawer

Name of the drawer *The person or business that gave you the cheque.
Address of the drawer *

The cheque and its return

Cheque number *
Date on the cheque *The date written on the cheque.
Cheque amount *The amount written on the cheque. The notice demands exactly this amount.
Drawer's bank and branch *As printed on the cheque.
What the cheque was given for *In your own words, for example an invoice, a loan or a deposit.
Date you deposited the chequeYou can leave this empty unless the bank told you of the return more than three months after the cheque date.
Reason on the bank's return memo *Copy it as the memo prints it. The notice puts it in quotation marks.
Date the bank first told you the cheque was returned *The first time you were told: memo, SMS or statement, whichever came first.

The notice and who signs it

Date on the notice *Today, or any day in the next seven days.
Your role in the businessFill this in only if the payee is a business, for example Director or Partner. The notice is then written as we and signed for the business. Leave it empty if you write as a person.
Name of the person who signs *

We keep your answers and number so we can help if you ask. Ask us at any time and we delete them.

BuildWright does documentation, filing and compliance facilitation. This tool works from the rules cited on this page and does not give legal advice. We prepare the documents from your answers; you check, sign and send or file them.

Common questions

How long do I have to send the notice?

Thirty days from the day the bank first told you the cheque was returned, under section 138 proviso (b). Count from the first information, whether a memo, an SMS or a statement.

How long does the drawer have to pay?

Fifteen days from receiving the notice, under section 138 proviso (c). The days run from receipt, which is why you keep the postal acknowledgement.

When must I file the complaint?

Within one month from the day after the drawer's fifteen days end, under section 142(1)(b). The dates sheet in the pack shows that day for your cheque.

Does the reason on the return memo matter?

Section 138 names insufficient funds and a cheque that exceeds the arranged amount. The Supreme Court has held that reasons such as account closed or payment stopped also come within the section (NEPC Micon v. Magma Leasing, 1999; Laxmi Dyechem v. State of Gujarat, 2012). The sheet explains this for your memo.

Can I see the document before I pay?

Yes. Fill in your details and the page shows the first page of each document with your own answers in it. You pay only if it is what you need.

Can I change the document after I download it?

Yes. Each document comes as a Word file you can edit and a PDF you can print. You can also change your answers and prepare it again before you pay.

What if the payment goes through and the documents do not open?

The page checks the payment again and opens the documents on the same payment, so you are never charged twice. If they still do not arrive, write to us within 7 days and we refund the full amount.

Can you send or file it for me?

Yes. After you download, ask us to take the next step and we handle the sending or filing for you.

Not sure it applies to you?Check with the free Cheque Bounce Notice Timer first. Nothing you enter is stored.

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