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Cheque Bounce Notice

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Section 138, Negotiable Instruments Act, 1881. Fill in all details carefully — missing any deadline can invalidate your case.

3
Month cheque validity
30
Days to send this notice after return memo
15
Days for drawer to pay after notice
30
Days to file court complaint after notice expires
Your Details (Payee / Complainant)
Why we ask
You are the payee — the person who received the cheque. Your name appears as the client throughout the notice.
Example: Vikram Singh / ABC Trading Pvt. Ltd.
Why we ask
Contact details for the drawer to respond or make payment.
Example: 98765 43210
Why we ask
Your legal address — also determines jurisdiction (post-2015 amendment: jurisdiction is where payee's bank is located).
Example: 12, MG Road, Bengaluru 560001
Why we ask
Under the 2015 NI Act Amendment, the court where the complaint must be filed is the location of the payee's bank — this is crucial for jurisdiction.
Example: HDFC Bank, Koramangala Branch, Bengaluru
Drawer Details (Cheque Issuer / Accused)
Why we ask
Full legal name of the person / company who issued the cheque — this is the accused under Section 138.
Example: Ramesh Gupta / XYZ Enterprises Pvt. Ltd.
Why we ask
Strengthens the notice — shows you have their contact and they cannot claim non-receipt.
Example: 98765 00000
Why we ask
Notice must be sent to a verifiable address by Registered Post — proof of delivery is critical to your Section 138 case.
Example: 45, Nehru Nagar, Delhi 110001
Why we ask
When a company's cheque bounces, its directors and officers in charge are liable too (Section 141) — the notice then names them and is served at the registered office as well.
Example: A company / LLP
Why we ask
Naming the person in charge sets up the Section 141 case against them personally.
Example: Ramesh Gupta, Managing Director
Why we ask
Serving BOTH the corporate office and the registered office defeats the 'never received it' defence.
Example: 12, Barakhamba Road, New Delhi 110001
Transaction Details
Why we ask
Section 138 only applies to cheques issued for a legally enforceable debt or liability — this establishes the legal basis.
Example: Loan repayment / Goods supplied
Why we ask
The total amount owed for the underlying transaction — should match or be covered by the cheque amount.
Example: ₹2,00,000
Why we ask
A written agreement or invoice reference strengthens your case by documenting the underlying enforceable debt.
Example: Invoice No. INV-2024-101 dated 1 January 2025
Cheque Details
Why we ask
The unique cheque number — core legal evidence identifying the specific cheque in question.
Example: 012345
Why we ask
Date written on the cheque — cheque must be presented within 3 months of this date. After that it becomes stale and Section 138 does not apply.
Example: 1 January 2025
Why we ask
The exact amount written on the cheque — this is the amount demanded under Section 138. The court can award a fine of up to twice this amount.
Example: ₹2,00,000
Why we ask
The bank on which the cheque was drawn — appears in the notice as part of the cheque identification.
Example: State Bank of India
Why we ask
Branch of the drawer's bank — strengthens cheque identification in court records.
Example: Connaught Place, New Delhi
Why we ask
Partial account number (last 4 digits) further identifies the specific account — use only what's visible on the cheque.
Example: xxxx1234
More bounced cheques from the same drawer? (optional — one notice covers them all, and the notice switches to a cheque-particulars table. Use this only if all the cheques were returned with the same return memo — a cheque returned on a different date has its own 30-day notice clock and needs a separate notice)
Why we ask
A second dishonoured cheque from the same drawer — added to the particulars table and the total demanded.
Example: 012346
Why we ask
Date written on the second cheque.
Example: 1 February 2025
Why we ask
Added to the aggregate amount demanded under Section 138.
Example: ₹1,00,000
Why we ask
A third dishonoured cheque, if any.
Example: 012347
Why we ask
Date written on the third cheque.
Example: 1 March 2025
Why we ask
Added to the aggregate amount demanded.
Example: ₹50,000
Presentation & Dishonour — Critical Dates
Why we ask
The date you deposited the cheque. Must be within 3 months of the cheque date — if later, Section 138 does not apply.
Example: 15 January 2025
⚠ Must be within 3 months of cheque date
Why we ask
The date the bank returned the cheque unpaid — this starts the 30-day notice clock. You must send this notice within 30 days of this date. If you added Cheque 2 or 3, all of them must share this return date; a cheque returned on a different date needs its own separate notice.
Example: 17 January 2025
Why we ask
The date you received the bank's return memo — the 30-day notice period runs from this date, not the dishonour date.
Example: 18 January 2025
⚠ Notice must be sent within 30 days of this date
Why we ask
The exact reason from the bank's return memo — all these reasons are covered under Section 138. Must match the memo exactly.
Example: Funds Insufficient
Why we ask
The reference number on the bank's cheque return memo — cited in the notice as documentary evidence.
Example: CHQ-RTN-2025-00456
Why we ask
Today's date — must be within 30 days of receiving the return memo. Missing this deadline kills your Section 138 case entirely.
Example: Today's date
⚠ Must be within 30 days of return memo receipt
Payment & Legal Details
Why we ask
Only an enrolled advocate may sign a notice as "Advocate". Sending your own notice is perfectly lawful — we simply word it in your own name instead. Signing as an advocate when you are not one is an offence under Section 45 of the Advocates Act, 1961.
Why we ask
Section 138 notice should be sent through a lawyer — their name appears on the signature block.
Example: Adv. Suresh Nair
Why we ask
Drawer's reply should be sent to the lawyer's address.
Example: Chamber 5, High Court, Mumbai
Why we ask
Under the NI Act 2015 Amendment (Dashrath Rathod case), the complaint must be filed where the payee's bank is located — use your bank's city.
Example: Bengaluru (where your bank is)
Why we ask
Tells the drawer exactly how to pay within the 15 days — without a route to comply, they later claim they were willing but weren't told where.
Example: Bank Transfer / NEFT
Why we ask
The notice demands payment within 15 days, so the recipient needs somewhere to send it. Without account details they can refuse and later claim they were willing to pay but were never told where. Give the account number and IFSC, or your UPI ID.
Example: HDFC Bank A/c 50123456789, IFSC HDFC0000123
Why we ask
Specifies exactly how you want the payment made — removes any excuse for non-compliance.
Example: Bank Transfer / NEFT
Why we ask
RPAD is the gold standard for Section 138 notices. Supreme Court has also upheld WhatsApp + email delivery if delivery can be proven (blue ticks).
Example: Registered Post RPAD
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NI Act 1881 S.138 · 15-day demand · Criminal complaint threat · RPAD ready
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Date: (Date)
To
(Name of Drawer)
(Address of Drawer)
LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
WITHOUT PREJUDICE — STRICTLY TIME BOUND

Under instructions and on behalf of my client, (Your Name), residing at (Your Address), contactable at (Contact), I hereby issue this Legal Notice to you under Section 138 of the Negotiable Instruments Act, 1881, as under:

1. That my client is entitled to receive from you a sum of Rs.(Amount) on account of (nature of transaction) . The said amount constitutes a legally enforceable debt and liability owed by you to my client within the meaning of Section 138 of the Negotiable Instruments Act, 1881.

2. That in discharge of the aforesaid legally enforceable debt and liability, you issued and delivered to my client a cheque bearing No. (Cheque No.) dated (Cheque Date), drawn on (Bank Name), , for a sum of Rs.(Amount), account number .

3. That my client presented the aforesaid cheque for encashment at (Your Bank) on (Presentation Date), which was well within the validity period of three months from the date of the cheque. The said cheque was, however, returned unpaid by the drawee bank on (Return Date) with the bank's return memo citing the reason: "(Reason for Dishonour)".

4. That my client received the bank's return memo and information of dishonour on (Memo Receipt Date). This legal notice is being issued within the prescribed period of 30 (thirty) days from the said date, in strict compliance with the proviso to Section 138 of the Negotiable Instruments Act, 1881.

5. That the dishonour of the aforesaid cheque issued by you in discharge of a legally enforceable debt constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881. By virtue of Section 139 of the Act, it shall be presumed that the said cheque was issued by you in discharge of a legally enforceable debt or liability. You are accordingly liable to be prosecuted and punished with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, i.e., Rs.(2× Amount), or with both.

DEMAND UNDER SECTION 138(b): I, on behalf of my client, hereby call upon you to pay the sum of Rs.(Amount) (Rupees (Amount in words) only) to my client within 15 (fifteen) days of receipt of this notice, by way of bank transfer / NEFT / RTGS.

This demand is in strict compliance with the mandatory 15-day payment window prescribed under Section 138(c) of the Negotiable Instruments Act, 1881.

6. That if you fail to make the aforesaid payment within the stipulated period of 15 days from the receipt of this notice, my client shall be constrained — without any further notice — to initiate the following legal proceedings against you:

a) A criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 before the competent Magistrate Court at (Jurisdiction), which shall be prosecuted until its logical conclusion;
b) A civil recovery suit for the principal amount along with interest and costs;
c) Proceedings under Section 143A of the NI Act, seeking interim compensation of up to 20% of the cheque amount during the pendency of the criminal trial;
d) Any other legal remedy available under law.

This notice is being served upon you by Registered Post Acknowledgement Due (RPAD). A copy is retained in the office of the undersigned advocate for record and further action.

The action initiated against you in respect of the aforesaid subject matter is without prejudice to any other cause of action which may in this regard have accrued or which may in future accrue against you.

Without prejudice to the demand made above and to the rights reserved herein, a reasonable written proposal for payment of the amount demanded, made within the period of this notice, will be considered. No such proposal shall be binding unless accepted in writing.

This is your last and final opportunity to make payment and avoid criminal prosecution. Time is of the essence. Please govern yourself accordingly.

(Lawyer's Name)
Advocate
On behalf of: (Client Name)
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