A cheque bounced: what to do and by when
A plain language guide. Follow the steps in order.
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General information, not legal advice. This guide explains the usual steps in plain words. Every case has its own facts, and the law and the rules change. For a serious matter, speak to a lawyer. If you cannot afford one, you may get one free: call 15100. Last checked November 2026.
Three dates decide the case: 30 days for the notice, 15 days for payment, one month to file.
What to do, step by step
- Present the cheque within its validity (3 months from the date on it). When it bounces, the bank gives you a return memo stating the reason.
- Within 30 days of getting that memo, send a written demand notice to the person who gave the cheque, asking for the amount within 15 days. Send it by registered post and email, and keep the proof of delivery.
- Wait for 15 days from the date they receive the notice. If they pay, the matter ends.
- If they do not pay, file a criminal complaint before the Magistrate within one month after those 15 days end. Miss this window and the court can accept a late complaint only for sufficient cause.
- The court can order the accused to pay interim compensation of up to 20 percent of the cheque amount early in the case, and an appeal usually needs a deposit of at least 20 percent.
- Many such cases settle in court or in Lok Adalat. If the money is paid with the court's permission the case can be closed.
Where to go
- Court of the Judicial Magistrate in the area where the branch of your bank holding your account is
- A lawyer is usually needed to draft the notice and complaint
What to carry
- Original cheque
- Bank return memo
- Copy of the legal notice and proof of posting and delivery
- Proof of the debt: agreement, messages, receipts, bank transfers
Time limits
- 30 days from the return memo: send the notice.
- 15 days from receipt of the notice: the other side can pay.
- One month after those 15 days: file the complaint.
What the law says
- Negotiable Instruments Act 1881, section 138: offence of dishonour. Up to 2 years in jail, or a fine up to twice the cheque amount, or both
- NI Act section 142: complaint within one month of the cause of action
- NI Act sections 143A and 148: interim compensation and deposit on appeal
If it does not work
- If the notice is returned unserved, a lawyer can advise on whether it is treated as delivered.
- A civil suit for recovery of money is a separate option, within 3 years of the debt falling due.
Free help
- Free legal aid applies if you qualify: women, SC and ST, low income. Call 15100.
Sources
- Negotiable Instruments Act 1881, sections 138 and 142
- Delhi High Court on the 15 day and one month periods, reported 3 September 2025
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Section numbers are from the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and other Acts, with the old number in square brackets. For events before 1 July 2024 the old law (CrPC, IPC) applies. Spotted a mistake? Corrections are welcome.