Enter the dates from your cheque, the bank's return memo and the legal notice. The calculator shows each deadline under Sections 138 and 142 of the Negotiable Instruments Act, 1881 and how many days you have left. You only need the dates you already know.
The Section 138 timeline at a glance
| Step | Time limit | Law |
|---|---|---|
| Present the cheque to the bank | Within 3 months of the date on the cheque | Section 138(a); RBI rule on cheque validity |
| Send the legal (demand) notice | Within 30 days of receiving the return memo | Section 138(b) |
| Drawer's time to pay | 15 days from receiving the notice | Section 138(c) |
| Cause of action arises | The day after the 15 days end without payment | Section 138, proviso (c) |
| File the criminal complaint | Within 1 month of the cause of action | Section 142(1)(b) |
Days are counted the way courts count them: the first day (the day you received the memo or the notice) is left out.
How the deadlines are worked out
1. Cheque validity: 3 months
A cheque must be presented within three months of the date written on it. A cheque dated 10 January is safe to deposit up to 9 April. If it is deposited later, the bank returns it as "stale" and Section 138 does not apply.
2. Legal notice: within 30 days of the return memo
The 30 days run from the day you receive information from your bank that the cheque bounced, not from the date on the memo. The notice must demand payment of the cheque amount. It can be sent by registered post, speed post or courier. Courts have also accepted notices sent by e-mail and WhatsApp in many cases.
3. Drawer gets 15 days to pay
The person who issued the cheque has 15 days from receiving the notice to pay. If the notice is refused or returned "unclaimed", it can still be treated as served on the date it was tendered.
4. Complaint: within 1 month of the cause of action
If no payment is made in those 15 days, the cause of action arises on the next day. The complaint must be filed within one month after that, before the court where the payee's bank branch is located (Section 142(2)).
Missed a deadline?
A late complaint is not automatically fatal. Under the proviso to Section 142(1)(b), the court can accept it if there was sufficient cause for the delay. An application explaining the delay has to be filed with the complaint. A late notice is harder to fix. If the cheque is still within its 3-month validity, it can be presented again and the timeline starts afresh.
Frequently asked questions
When does the 30-day period for the legal notice start?
From the day the payee receives information from the bank that the cheque was dishonoured, usually the day the return memo is received. The day of receipt is not counted.
What if the drawer refuses to accept the notice?
If the notice was correctly addressed and sent, a refusal or an "unclaimed" return is generally treated as valid service. The 15 days are then counted from the date it was refused or returned.
Can I present a bounced cheque again?
Yes. A cheque can be presented any number of times while it is within its 3-month validity. Each dishonour gives a fresh chance to send a notice, but a complaint can be filed only once for one cheque.
Where is a cheque bounce complaint filed?
Before the Magistrate's court with jurisdiction over the branch where the payee holds the account in which the cheque was deposited (Section 142(2)).
What happens if the complaint is filed late?
The court can condone the delay if sufficient cause is shown (proviso to Section 142(1)(b)). The reasons need to be explained in an application filed with the complaint.
More on cheque bounce cases: cheque bounce cases in Ghaziabad, Noida and Delhi · चेक बाउंस केस (हिंदी) · defences in a Section 138 case · how to send and reply to a legal notice
This calculator gives general information based on Sections 138 and 142 of the Negotiable Instruments Act, 1881. It is not legal advice. Deadlines can be affected by the facts of each case, such as how and when a notice was served or holidays at the court. Please confirm the dates with an advocate before acting on them.
Need help with a cheque bounce deadline?
Get advice on the legal notice, the complaint or a delay in filing.
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