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Cheque Bounce Deadline Calculator (Section 138 NI Act)
A cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881 fails if any one of its time limits is missed. The cheque must be presented while valid, the demand notice must go within 30 days of learning of the dishonour, the drawer gets 15 days to pay, and the complaint must be filed within one month after that.
Enter the dates you have. The calculator lays out each step on a timeline, shows how many days you have left, and flags any step that was late. It runs in your browser and does not store your dates.
Frequently asked questions
How long is a cheque valid in India?
Three months from the date written on it, under the RBI rule in force since 1 April 2012. Section 138 requires presentation within six months of the cheque date or within the cheque’s validity, whichever is earlier, so in practice three months is the limit. A cheque presented after that cannot found a cheque bounce case.
What is the time limit to send a cheque bounce notice?
The written demand must be made
within 30 days of receiving information of the dishonour from the bank [S.138(b)]. The drawer then has 15 days from receipt of the notice to pay [S.138(c)]. Use our
cheque bounce notice format to draft it.
When must the cheque bounce complaint be filed?
Within one month from the date the cause of action arises, that is, the day after the drawer’s 15 days to pay run out [S.142(1)(b)]. A complaint filed before the 15 days end is premature. A late complaint can still be taken up if the court accepts that there was sufficient cause for the delay.
What if the drawer refuses the notice or it comes back unclaimed?
If the notice was sent by registered post to the correct address, service is generally presumed. In C.C. Alavi Haji v. Palapetty Muhammed (2007) the Supreme Court held that the drawer can still show he did not know of the notice, and can avoid prosecution by paying within 15 days of receiving the court summons.
Can I present the cheque again if I missed the notice deadline?
Yes, if the cheque is still within its validity. In
M.S.R. Leathers v. S. Palaniappan (2012) the Supreme Court held that a prosecution can be based on a second or later dishonour followed by a fresh notice. Read our guide on
what to do when a cheque bounces.
Where do I file the complaint?
Before the Judicial Magistrate having jurisdiction over the place where the payee’s bank branch is situated (where the cheque was deposited for collection), under Section 142(2). The offence is punishable with imprisonment up to two years, or fine up to twice the cheque amount, or both.
For information only. This calculator gives an estimate for general information and is not legal advice; date-counting can turn on facts such as the actual date of service and court holidays, so confirm your deadlines with an advocate and act well before them.
