Cheque bounce: the 30-day clock under Section 138
5 min read · Educational content only
The 30-day rule
Section 138 of the Negotiable Instruments Act gives you exactly 30 days from the date of the bank's dishonour memo to send a written demand notice to the drawer. Miss it and your statutory remedy is gone — you'd be limited to a civil suit.
What the notice must say
It must (a) refer to the dishonoured cheque by number, date and amount, (b) attach or quote the bank's return memo, (c) demand payment within 15 days, and (d) be sent to the drawer's last known address by Speed Post AD plus email.
The 15-day wait
If the drawer pays within 15 days of receiving the notice, the matter ends. If they don't, you have 30 days from the end of that 15-day window to file a complaint in the appropriate magistrate's court.
Common mistakes
Sending the notice to the wrong address, using ordinary post, missing the cheque details, or signing the notice yourself instead of through an advocate. All four routinely sink otherwise winnable cases.
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See services →Disclaimer: This guide is general legal information, not legal advice. Your situation may differ. Consult an advocate for advice specific to you.