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Cheque Bounce §138 Timeline Calculator (India)

Enter the date the bank returned your cheque (the dishonour / return memo date) to see the chained statutory deadlines under the Negotiable Instruments Act 1881 — when the demand notice must go out, the drawer's 15-day window to pay, and the deadline to file the criminal complaint.

The date on the bank's return memo / dishonour advice — not the cheque date.
Send demand notice by
23 August 2026
29 days remaining
Drawer's 15-day pay window ends
7 September 2026
44 days remaining
File complaint by
7 October 2026
74 days remaining

Basis: §138(b) — demand notice in writing within 30 days of receiving information from the bank of the return of the cheque as unpaid; §138(c) — cause of action for the complaint arises if the drawer fails to pay within 15 days of receiving the notice; §142 — complaint must be filed within one month (taken here as 30 days) of the date the cause of action arises.

This calculator assumes the notice is sent on the last permissible day (worst-case chain) and that it is deemed received the same day it is sent, purely to give you an indicative outer deadline. Your actual dates will depend on when you actually send the notice and when it is actually (or deemed to be) received by the drawer.

How this is calculated

A cheque bounce case under §138 of the Negotiable Instruments Act 1881 is not a single deadline — it is three chained steps:

  1. Demand notice: the payee must send a written notice demanding payment within 30 days of receiving the bank's memo that the cheque was returned unpaid (§138, proviso (b)).
  2. 15-day pay window: the drawer then has 15 days from receipt of that notice to make the payment. If they don't pay within this window, a cause of action to prosecute arises (§138, proviso (c)).
  3. Complaint window: the complaint must be filed in court within one month of the date the cause of action arises — i.e. within 30 days after the 15-day pay window closes (§142(b)).

This tool chains all three steps from the single return-memo date you enter, showing the outer (latest permissible) deadline at each stage and the days remaining from today.

Sources & legal basis

  • Negotiable Instruments Act, 1881 — §138(b): written demand notice within 30 days of information of dishonour from the bank.
  • Negotiable Instruments Act, 1881 — §138(c): cause of action if the drawer fails to pay within 15 days of receipt of the notice.
  • Negotiable Instruments Act, 1881 — §142: complaint to be made within one month of the date the cause of action arises (subject to condonation of delay for sufficient cause).

The precise date the “cause of action” is treated as arising — deemed service of the notice, postal delays and court holidays can all shift it — affects the actual limitation date. Confirm the day-counts with a qualified advocate before relying on this output.

Frequently asked questions

From the date you receive information from the bank that the cheque has been returned unpaid — usually the date on the bank's return memo / dishonour advice, not the cheque date itself.

No cause of action arises under §138 and no complaint can be filed — the matter is treated as resolved for the purposes of the criminal complaint.

Section 142(b) refers to one month from the date the cause of action arises. This tool treats that as 30 days for a simple estimate; courts may compute a calendar month differently, and delay can be condoned for sufficient cause — verify the exact date with an advocate.

No. This tool shows the outer statutory deadlines assuming notice is sent and deemed received on the same worst-case dates. Actual service (and any presumption of deemed service after posting) can shift your real deadlines — confirm with an advocate.

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