Problem, solved

Cheque bounced: what to do, and the deadlines you cannot miss

A bounced cheque is the one unpaid debt where the law gives you a criminal remedy, and also the one where missing a deadline can cost you that remedy entirely. If a buyer’s cheque has just been returned, the clock is already running. Here is what to do, in order, with the exact time limits under Section 138 of the Negotiable Instruments Act.

चेक बाउंस हो गया? 30 दिन के अंदर यह करें

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

Get the bank’s cheque return memo and note its date. Within 30 days of that date, send a written legal demand notice to the drawer for the cheque amount. The drawer then has 15 days from receiving the notice to pay. If they do not, you must file a complaint before the magistrate within one month after those 15 days expire. Punishment is imprisonment up to two years, a fine up to twice the cheque amount, or both, and courts routinely order compensation of the cheque amount. FundRaksha sends the notice within 24 hours.

The Section 138 timeline

StepDeadlineWhat it needs
Cheque presented and returned unpaidWithin the cheque’s validity (3 months from date)Bank return memo with reason, e.g. “funds insufficient”, “payment stopped”, “account closed”
Legal demand notice to the drawerWithin 30 days of the return memoWritten notice demanding the cheque amount; sent by registered post, ideally also by email and courier
Drawer paysWithin 15 days of receiving the noticeIf paid, no offence
Complaint filed before the magistrateWithin 1 month after the 15 days expireComplaint, affidavit, cheque, memo, notice, proof of service, the underlying invoice or debt

Each deadline is strict. Courts can condone delay in filing the complaint for sufficient cause, but the 30-day notice period is not extendable. Use the cheque bounce timeline calculator to see your dates.

What to do today

  1. Collect the original cheque and the original bank return memo; photograph both
  2. Note the memo date and count 30 days
  3. Gather the documents that show the cheque was for a legally enforceable debt: invoice, PO, delivery proof, ledger, or the written agreement
  4. Do not re-present the cheque without advice; you can, and sometimes should, but it affects the timeline
  5. Send the file to an advocate so the notice goes out immediately

FundRaksha assigns a dedicated advocate and sends the Section 138 notice within 24 hours, by registered post with acknowledgement due and as an e-notice, keeping proof of dispatch and delivery. India's No.1 B2B payment recovery company, trusted by 1,000+ businesses.

Why Section 138 recovers money

A Section 138 complaint is a criminal proceeding. The drawer receives a summons, must appear, and faces conviction with imprisonment and a fine up to twice the cheque amount, out of which the court can order compensation to you. Most drawers settle rather than face this, and courts encourage settlement at every stage. The complaint also puts the drawer’s directors or partners in the frame where a company issued the cheque, since the persons in charge are liable under Section 141.

Importantly, the reason for the bounce does not have to be “insufficient funds”. “Payment stopped by drawer” and “account closed” also attract Section 138 when the cheque was for a debt.

Common mistakes that lose the case

  • Sending the notice late, or to the wrong address: send it to the address on record and any other known address
  • Demanding more than the cheque amount in the Section 138 notice without separating it clearly; the demand for the cheque amount must be distinct
  • Not keeping the return memo, or the postal receipts and tracking
  • Being unable to show what the cheque was for; keep the invoice and delivery proof together with the cheque
  • Waiting to “give them one more chance” past the deadline

If you also have a larger unpaid ledger, the advocate runs the Section 138 complaint for the cheque and a civil or MSME claim for the balance in parallel. See cheque bounce recovery.

Post-dated cheques and security cheques

A post-dated cheque given for an instalment or as security for a supply is covered, provided a debt existed when it was presented. See post-dated cheque not honoured. Book a free consultation today if your cheque has bounced; the 30-day window is short and the notice should go this week.

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

Free, no obligation

Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

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

You have lost the Section 138 remedy for that presentation. If the cheque is still within its 3-month validity, it can be presented again; a fresh return memo starts a fresh 30-day period. The civil claim for the debt remains in any event.

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.