Cheque Bounce in India: Section 138 Remedies (Plain-English)

14 June 2026 · HisaabScore Team

If a cheque bounces for insufficient funds, you can act under Section 138 of the Negotiable Instruments Act. You must send a written demand notice within 30 days of the bank's "cheque return memo"; if the drawer doesn't pay within 15 days of receiving it, you can file a complaint in court within the next 30 days. This is not legal advice — consult a lawyer for your case.

The timeline that matters

  1. Cheque returns unpaid — keep the bank's return memo (it starts the clock).
  2. Within 30 days — send a demand notice to the drawer for the cheque amount.
  3. 15 days — the drawer's window to pay after receiving the notice.
  4. Next 30 days — if unpaid, file the Section 138 complaint in the appropriate court.

Practical tips

Re-present the cheque once if you think funds may have arrived; keep all proof (memo, notice, courier receipt). A Section 138 case is often enough leverage to get a settlement.

Prevent repeat losses: flag the party's payment reputation so others know.

Frequently asked questions