Personal Legal

Cheque Bounce (Section 138): Your Legal Remedies

Advocate Satyendra Kumar Sharma14 March 20261 min read

If a cheque you received bounces for insufficient funds, the Negotiable Instruments Act gives you a remedy — but it is strictly time-bound. Missing a deadline can cost you the case, so act promptly and keep every document.

The broad sequence

  1. The cheque is dishonoured and the bank issues a return memo.
  2. Send a demand notice to the drawer within the prescribed time.
  3. Allow the notice period for payment to pass.
  4. If unpaid, file a complaint within the limitation period.

Deadlines decide the case

Section 138 has strict timelines for the notice and the complaint. Keep the return memo, notice, and postal proof safe, and do not delay.

Section 138 is a criminal offence, but you can also pursue civil recovery of the amount. Both routes can sometimes run together.
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