Cheque bounce notice: payee deadlines and documents

A promise to pay does not stop the clock

A customer promises to arrange payment after a cheque is returned. The creditor waits, sends reminders, and eventually asks whether a legal notice can still go out.

The conversation has moved on, but the statutory timetable has been running the whole time. The first task is to organise the dates and the evidence.

This guide is for the payee. If you have received a notice as the drawer, see our guide to the first 15 days after a cheque bounce notice.

Check the transaction behind the cheque

Section 138 applies to a cheque given to discharge a "legally enforceable debt or other liability". So the underlying transaction matters as much as the bank's return memo.

Section 139 presumes, unless the contrary is proved, that the holder received the cheque for the discharge of a debt or liability. That presumption can be rebutted, so keep the evidence of the debt.

Collect the agreement, invoices, delivery or performance records, payment history, and the correspondence explaining why the cheque was given. If an amount was disputed or partly paid, keep that material too.

Four dates, kept separate

Event	Time limit	Source	What to keep
Presentation	Within six months of the cheque's date or its validity, whichever is earlier. Banks treat cheques as valid for three months	Section 138, proviso (a); RBI instructions since 1 April 2012	The cheque, both sides, and the presentation record
Demand notice	Within 30 days of receiving the bank's information that the cheque was returned unpaid	Section 138, proviso (b)	The return memo, and proof of when you received it
Drawer's time to pay	15 days from the drawer's receipt of the notice	Section 138, proviso (c)	The notice as sent, dispatch and delivery records
Complaint	Within one month of the date the cause of action arises, that is, after the 15 days end without payment	Section 142(1)(b)	A dated chronology of all of the above

The 30 days run from when the bank's information reaches you, not from the cheque date. The 15 days run from receipt of the notice, not dispatch, so the complaint is not ready just because a notice was posted.

One spreadsheet column labelled "bounce date" cannot hold all four. Use one field for each.

A late complaint is the exception

The proviso to section 142(1)(b) lets the court take cognizance of a late complaint if the complainant shows sufficient cause for the delay. Relief is not assured, and it is no substitute for filing on time.

Before agreeing to wait for a promised payment, ask what the wait does to the deadline. Keep settlement talks and the legal diary visible side by side.

Where to file

Under section 142(2), if the cheque was delivered for collection through an account, the complaint is filed in the court with jurisdiction over the branch where the payee maintains the account.

If it was presented otherwise than through an account, the court with jurisdiction over the drawer's bank branch hears it. Record which branch handled the cheque.

When a company issued the cheque

Under section 141, where the drawer is a company, the company and every person who was in charge of and responsible for its business when the offence was committed are deemed guilty. Do not name every director merely because of the title.

Name the company within time. In N. Harihara Krishnan v J. Thomas (2017), the Supreme Court held that an attempt to bring in the company as an accused about three years later was barred by the time limit in section 142.

The evidence file

Keep originals safe and working copies clearly marked. A practical file contains:

the cheque and readable copies of both sides;
the bank return memo and presentation records;
evidence of when you received the bank's information;
documents proving the transaction and the amount outstanding;
the final notice actually sent, not an earlier draft;
dispatch receipts, tracking history, delivery records and any returned envelope;
later payments and correspondence about the amount; and
company and authority documents where a business is involved.

Keep full email threads and original messages, not cropped screenshots. Do not alter a returned cheque or recreate a lost receipt; if a record is missing, ask the bank or courier for a copy through the proper channel.

The first steps after a bounce

Record the presentation. Note the cheque date, the date presented and the branch that handled it.
Fix the bank's information date. Record when the return memo or bank message reached you, and keep the proof.
Send the demand within 30 days. Check the parties, amount and address, and keep the notice as sent.
Track delivery. Keep dispatch and delivery records, and diarise 15 days from receipt.
Diarise the complaint. Count one month from the date the cause of action arises, once the 15 days end without payment.
Build the file. Put the transaction documents, chronology and correspondence together before the complaint is drafted.

Frequently asked questions

How long do I have to send a cheque bounce notice?

Within 30 days of receiving the bank's information that the cheque was returned unpaid, under section 138(b). The 30 days do not run from the cheque date.

When can I file the complaint?

Only after the drawer's 15 days from receiving the notice have ended without payment. Then the complaint must be filed within one month under section 142(1)(b).

Can a complaint be filed after the one-month period?

Only if the court accepts that you had sufficient cause for the delay, under the proviso to section 142(1)(b). It is discretionary, not automatic.

Which court do I file in?

If you deposited the cheque through your bank account, the court with jurisdiction over the branch where you maintain that account, under section 142(2)(a).

Is the bank's return memo enough to win the case?

No. The memo proves dishonour. The transaction, the statutory steps, the notice and its delivery, and any defence the drawer raises all need to be assessed together.

The takeaway

Prepare a one-page chronology and the supporting file before the first legal review. Mark unknown dates as unknown rather than guessing.

If you are also weighing a civil suit for the money, see our guide to limitation for money recovery. To discuss a dishonoured cheque, contact Saya & Associates with the key dates.

This article provides general information as at 5 October 2026. Notice validity, limitation, jurisdiction and liability depend on the facts, the service evidence and the applicable law. Dates must be calculated for the actual matter. It is not legal advice.

Cheque bounced? The payee's deadlines and documents