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
- Cheque returns unpaid — keep the bank's return memo (it starts the clock).
- Within 30 days — send a demand notice to the drawer for the cheque amount.
- 15 days — the drawer's window to pay after receiving the notice.
- 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.