Take timely action on a bounced cheque under Section 138
Cheque bounce case support under Section 138 of the Negotiable Instruments Act, from statutory notice to complaint, by advocates in the Vibence network.
- Fixed, itemised price
- Partner CA / CS / advocate
- Free Ambition Pro for 12 months
Cheque Bounce Case at a glance
- Professional fee
- Quote on request, confirmed before you pay
- Typical timeline
- The notice stage typically takes a few weeks given the statutory periods, while court proceedings can take several months or longer depending on the court's schedule.
- Who handles it
- An independent advocate from the Vibence partner network
- Documents
- Original dishonoured cheque, Bank's return memo showing the reason for dishonour, Proof of the underlying debt such as invoices, loan agreement or ledger and more
- Included free
- Free Ambition Pro for 12 months and domains at cost
Last reviewed October 2026
When a cheque issued to you is returned unpaid for insufficient funds or a similar reason, Section 138 of the Negotiable Instruments Act gives you a legal remedy. Dishonour of a cheque given for a legally enforceable debt can be a criminal offence. The law sets strict timelines. You must send a written demand notice within 30 days of receiving the bank's return memo. The drawer then has 15 days from receiving the notice to pay.
If payment is not made, a complaint can be filed in court within one month after those 15 days end. Vibence connects you with an independent advocate from our partner network who can draft the statutory notice and, if needed, file and pursue the complaint. Vibence is not a law firm and does not give legal opinions itself. Court proceedings take time, and no outcome is guaranteed.
Legal services are provided by independent advocates in the Vibence partner network. Vibence is not a law firm and no outcome is guaranteed.
Who this is for
- Businesses holding a dishonoured cheque from a customer
- Individuals whose loan or dues were repaid by a cheque that bounced
- Landlords holding bounced rent cheques
- Parties who have received a cheque bounce notice and need advice
Deadlines tracked
The strict statutory timelines for notice and complaint are tracked from the start.
Proper notice
The demand notice is drafted to meet the requirements of the law.
Court ready
If payment is not made, the advocate can file and pursue the complaint.
Clear expectations
You understand the process and likely timeline before committing.
What's included
- Review of the cheque, return memo and underlying transaction
- Drafting and sending of the statutory demand notice
- Tracking of the 15-day payment period
- Drafting and filing of the complaint if payment is not made
- Representation by an advocate in court proceedings (quoted separately)
- Advice on settlement if the other party offers to pay
We confirm an itemised fixed price for your exact case before any payment.
Get my quote- Free Ambition Pro for 12 months
- Domains at cost
Court fees for a cheque bounce complaint vary with the cheque amount and the state, and they are payable in addition to the advocate's professional fee and GST.
Documents you'll need
- Original dishonoured cheque
- Bank's return memo showing the reason for dishonour
- Proof of the underlying debt such as invoices, loan agreement or ledger
- Correspondence with the drawer about the payment
- Copy of the demand notice and proof of delivery (if already sent)
- Your identity and address proof
The notice stage typically takes a few weeks given the statutory periods, while court proceedings can take several months or longer depending on the court's schedule.
Court fees for a cheque bounce complaint vary with the cheque amount and the state, and they are payable in addition to the advocate's professional fee and GST.
Qualified professionals from the Vibence partner network, with certification wherever the law requires it.
The process
- ReviewAn advocate reviews the cheque, return memo and the debt behind it.
- Demand noticeA statutory notice is sent within 30 days of receiving the return memo.
- Payment windowThe drawer has 15 days from receiving the notice to make payment.
- File complaintIf unpaid, the complaint is filed within one month after the 15 days end.
- ProceedingsThe advocate represents you through the court process or any settlement.
Cheque Bounce Case: FAQs
Is Vibence a law firm?
No. Vibence is not a law firm and does not give legal opinions itself. Legal services listed on this page are provided by independent advocates in the Vibence partner network. Vibence helps you find a suitable advocate, coordinates documents and keeps you updated. Advice and representation come from the advocate. No outcome in any legal matter is guaranteed.
What is the time limit to send a cheque bounce notice?
Under Section 138 of the Negotiable Instruments Act, the payee must send a written demand notice to the drawer within 30 days of receiving information from the bank that the cheque has been returned unpaid. Missing this deadline can weaken or defeat the criminal remedy, so it is important to act quickly once you receive the return memo.
What happens after the demand notice is sent?
The drawer has 15 days from receiving the notice to pay the cheque amount. If they pay within that time, the matter usually ends there. If they do not, the payee can file a criminal complaint in court within one month after the 15-day period ends. Courts can condone some delay in filing if there is sufficient cause.
Can every bounced cheque be taken to court under Section 138?
Not every case qualifies. The cheque must have been issued for a legally enforceable debt or liability. It must have been presented within its validity period, and the notice and complaint must follow the statutory timelines. A cheque given as a gift or a donation, for example, usually does not qualify. An advocate can review whether your case meets the requirements.
Can a cheque bounce case be settled?
Yes. An offence under Section 138 is compoundable, which means the parties can settle at different stages of the proceedings. Many cases end with the drawer paying the amount, sometimes with costs. Any settlement should be recorded properly before the court. The advocate can advise you on the terms and process.
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