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Section 138 cheque bounce deadline calculator

Section 138 deadlines are short and unforgiving. This calculator takes the date you received the cheque return memo and the date the drawer received the notice, and shows each limit.

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Send legal notice by
7 November 2026
Drawer must pay by
–
File the complaint by
–

Section 138 provisos (b) and (c) and Section 142(1)(b), NI Act. The cheque must also have been presented within three months of its date. Dates are calendar computations; if a last day falls on a court holiday, the next working day generally applies, but do not cut it fine.

Short answer

Written notice must be sent within 30 days of receiving the return memo. The drawer then has 15 days from receiving the notice to pay. If they do not, the complaint must be filed within one month after those 15 days end (Sections 138 and 142, NI Act).

If you have missed a deadline

If the cheque is still within three months of its date, present it again: a fresh dishonour starts a fresh 30-day period. If the cheque has lapsed, the civil routes remain available for the underlying debt: a summary suit, MSME Samadhaan for Udyam suppliers, or arbitration. Courts can condone delay in filing the complaint under the proviso to Section 142(1)(b) for sufficient cause, but do not rely on it.

What happens after filing

The magistrate takes cognisance, issues summons, and may order interim compensation of up to 20% of the cheque amount under Section 143A. Most cases settle; conviction carries up to two years’ imprisonment and/or a fine up to twice the cheque amount. FundRaksha’s advocates run Section 138 alongside the civil claim; free consultation first, 30% only on recovery. See where to file in your city.

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Want the amount recovered, not just computed? Send us the invoice and the buyer’s messages for a free assessment.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
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Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

From when you receive information from the bank about the dishonour (the return memo), under proviso (b) to Section 138.

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This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.