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Cheque Bounce Timeline Under Section 138 NI Act
Exact Section 138 Negotiable Instruments Act timeline for payees and drawers: 30-day notice, 15-day payment window, one-month complaint limit and interim compensation.
Reviewed against official texts · Last updated October 2026
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- Payee: send a written demand notice within 30 days of the bank memo
- Drawer: pay within 15 days of receiving notice to avoid prosecution
Step 1: Present within validity
The cheque must be presented within its validity period — three months from its date (RBI direction).
Step 2: Demand notice: 30 days
After dishonour for insufficient funds or exceeding arrangement, the payee must send a written demand within 30 days of receiving information of dishonour from the bank (Section 138(b) NI Act).
Step 3: Payment window: 15 days
The drawer has 15 days from receipt of the notice to pay. Paying in this window ends criminal liability.
Step 4: Complaint: 1 month
If payment is not made, the cause of action arises on the 16th day. The complaint must be filed within one month after that (Section 142(1)(b)); the court may condone delay for sufficient cause. File where the payee’s bank branch is located (Section 142(2)).
Step 5: Interim compensation
The trial court may order the drawer to pay interim compensation up to 20% of the cheque amount (Section 143A). On appeal against conviction, the appellate court may require a deposit of at least 20% of the fine or compensation (Section 148).
Step 6: Punishment and settlement
Imprisonment up to two years, or fine up to twice the cheque amount, or both. The offence is compoundable (Section 147), so settlement is possible at any stage.
Documents to keep ready
- Original cheque and return memo
- Copy of demand notice and postal/courier proof
- Proof of the debt (invoice, agreement, ledger)
- Affidavit of evidence
Next: cheque bounce notice service, court deadline calculator, legal notice drafting.
This page explains the law in general terms and is not legal advice. Rates, sections and timelines are taken from official texts; confirm the current position for your facts with an advocate before acting.
Official sources
Criminal timelines are strict, and the right section number changes your remedy. You can BNS section explorer with IPC equivalents, compare options through our anticipatory bail lawyers, or go straight to court deadline calculator. Always cross-check rules on the Supreme Court of India judgments and the India Code for official Bare Acts before you act.