Glossary

What is a cheque bounce notice (Section 138 demand notice)?

A cheque bounce notice is the written demand that starts a Section 138 case. Without a valid notice sent within 30 days of the return memo there is no offence, however clear the debt. Getting it right, and on time, is the whole game.

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Short answer

A cheque bounce notice is the demand in writing that the payee or holder must send to the drawer within 30 days of receiving the bank's return memo, demanding payment of the cheque amount. It must identify the cheque, the bank and the reason for return, state that the cheque was issued for a debt, and demand the amount within 15 days. If the drawer does not pay within 15 days of receipt, the offence under Section 138 is complete.

How a cheque bounce notice works in India

The notice is addressed to the drawer (and, for a company cheque, to the company and the directors in charge under Section 141). It recites the transaction, the invoices, the cheque details (number, date, amount, bank), the date of presentation and the return memo with its reason, and demands payment of the cheque amount within 15 days of receipt, failing which a complaint will be filed. It is signed by the payee or its advocate. Proof of dispatch and delivery is kept because the complaint must show the notice was served.

  • Send to the address on the cheque, invoice or company master data.
  • Send by at least two modes: registered post AD and email or WhatsApp with delivery record.
  • Keep the envelope if it comes back "refused" or "left": refusal is service.

Why it matters for getting paid

The notice itself recovers a large share of bounced cheques, because the drawer now faces a criminal complaint with a fixed date. A badly drafted notice (wrong amount, wrong addressee, late dispatch) can get the complaint dismissed years later. Read the entries on the return memo, Section 141 and registered post AD.

How FundRaksha uses it

FundRaksha drafts and dispatches the Section 138 notice within 24 hours of receiving the cheque, memo and invoices, with the computation and a copy of the memo attached. The e-notice goes the same day, the registered post follows with AD tracking. About 60% of all FundRaksha cases settle at the notice stage; the fee is 30% of recovery and nothing upfront.

Worked example (hypothetical)

A Jaipur marble supplier holds a ₹3,00,000 cheque returned on 1 September with the memo received the same day. The notice deadline is 1 October. The advocate sends the notice on 4 September by registered post AD and email. The AD card shows delivery on 7 September. The 15-day period ends 22 September. Nothing is paid, so the complaint can be filed from 23 September to 22 October. On 25 September the drawer calls and offers ₹3,00,000 in two instalments by 15 October; the supplier accepts in writing, with the complaint to be filed if any instalment fails.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • 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
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

Courts have accepted electronic notice where receipt is proved, but registered post AD to the correct address remains the safest because of the statutory presumption of service. Send both.

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.