Cheque Bounce Legal Notice (Section 138) Format & Template
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What is a Cheque Bounce Legal Notice (Section 138)?
When a cheque you received is returned unpaid for insufficient funds or because it exceeds the drawer’s arrangement with the bank, Section 138 of the Negotiable Instruments Act, 1881 makes it a criminal offence — but only if you follow a strict sequence, and the legal notice is the step most often got wrong.
The cheque must have been presented within its validity. You must send a written notice demanding payment within 30 days of receiving the bank’s return memo. The drawer then has 15 days from receiving the notice to pay. If they don’t, you can file a complaint within one month after those 15 days end.
When to use it
- A cheque given to you for a debt or liability has been returned unpaid.
- The bank’s return memo says “funds insufficient” or “exceeds arrangement” (other reasons, such as “payment stopped”, can also qualify).
- You are still within 30 days of receiving the return memo.
What you'll need
Keep these details ready — the form asks for them in this order.
Basics
Notice date
Payee
Your name · Your address
Drawer
Drawer name · Drawer address
Cheque
Cheque number · Cheque amount · Drawee bank name · Cheque date · Cheque return/memo date · Reason for return
How it works
Enter payee and drawer
Your details and the drawer’s name and address.
Enter the cheque and return details
Cheque number, amount, bank, cheque date, and the date and reason on the return memo.
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Sign and send with proof of delivery
Sign it and send it by registered post AD or speed post (email as well, if you have the address), and keep the receipts and tracking record.
How to make it legally valid
- Sent within 30 days of receiving the return memo from your bank.
- Demands payment of the cheque amount, giving the drawer 15 days from receipt of the notice.
- Addressed to the drawer’s correct address, with proof of dispatch and delivery kept.
- The cheque must have been given for a legally enforceable debt or liability.
After you sign it
Signing is not the last step for this document. These are what most authorities ask to see next.
Wait 15 days from delivery
Count from the date the drawer received (or refused) the notice.
File the complaint in time
If unpaid, file a complaint before the magistrate within one month after the 15 days expire — in the court with jurisdiction over your bank branch.
Common mistakes to avoid
- Sending the notice after the 30-day window.
- Demanding a different amount from the cheque amount.
- Filing the complaint before the 15-day period has ended.
- Keeping no proof of when the notice was delivered.
Ready to prepare your Cheque Bounce Legal Notice (Section 138)?
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This is a self-help template for common situations — it is not legal advice and LawMitran is not a law firm. Need help with your cheque bounce legal notice (section 138)? Find a civil law lawyer · Legal documents FAQs.