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Cheque Bounce Deadline Calculator — Section 138 Time Limits

Negotiable Instruments Act, 1881, ss.138 and 142

Enter the bank return date and get every date that matters: notice by, drawer pays by, and the last day to file.

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How this is calculated

  • A cheque is valid for three months from its date. Presented later it is stale, and no offence under s.138 arises at all.
  • The demand notice must be sent within 30 days of receiving information from the bank that the cheque was dishonoured — proviso (b). This is the deadline most complaints are lost on.
  • The drawer then has 15 days from receiving that notice to pay — proviso (c). Payment inside the window means no offence is committed.
  • The cause of action arises when those 15 days expire, and the complaint must be filed within one month of that date under s.142(1)(b).
  • The 15 days run from receipt of the notice, not from the dishonour. Treating them as the same date produces a filing deadline that is days early.

Worked example

For an employee whose last drawn basic plus dearness allowance was ₹50,000, with 10 completed years of service: 15 × ₹50,000 × 10 ÷ 26 = ₹2,88,462. Wages here means basic plus DA, not gross — using gross is the usual reason a figure comes out too high.

Common questions

How many days do I have to send a cheque bounce notice?

Thirty days from receiving information from the bank that the cheque was dishonoured, under proviso (b) to section 138. The period runs from the bank return memo. Missing it ends the section 138 remedy for that presentation, though the underlying debt survives.

When can I file a cheque bounce complaint?

After the drawer has failed to pay within 15 days of receiving your demand notice. The cause of action arises on the expiry of those 15 days, and section 142(1)(b) requires the complaint to be filed within one month of that date.

How long is a cheque valid in India?

Three months from the date written on it. A cheque presented after that is returned as stale, which is not a dishonour under section 138, so no offence arises and only the civil debt remains.

Can I present the cheque again?

A cheque may be presented again within its validity period, and a fresh dishonour gives a fresh 30-day notice window. It does not, however, revive a notice period already missed on an earlier dishonour.

Related

  • Section 138, Negotiable Instruments Act
  • What section 138 gives you, and by when
  • Cheque bounce notice template