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Cheque bounce deadline calculator
Find your Section 138 dates in seconds: last day to present the cheque, send the demand notice, the drawer's 15-day payment window, and the last day to file the complaint — on one dated timeline.
Enter the cheque date and the return memo date to see your timeline.
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How the dates are calculated
- Cheque validity — 3 months from the date on the cheque (RBI direction effective 1 April 2012; Section 138 proviso (a)). Example: a cheque dated 1 January should be presented by 31 March.
- Demand notice — within 30 days of receiving information of dishonour from the bank (Section 138 proviso (b)). The day of the memo is excluded, so a memo received on 1 March gives a last date of 31 March.
- Payment window — the drawer gets 15 days from receiving the notice to pay the cheque amount (Section 138 proviso (c)).
- Complaint — within one month from the day the cause of action arises, i.e. the day after the 15-day window ends (Section 142(1)(b)). That first day is excluded (Saketh India v. India Securities, 1999; Econ Antri v. Rom Industries, 2014). Example from Saketh: 15 days expired on 14 October, so a complaint filed on 15 November was in time.
- We count calendar days, including Sundays and holidays. If a last day falls on a court holiday, ask an advocate whether filing on the next working day is accepted — do not rely on it.
Legal basis (for reference)
Negotiable Instruments Act, 1881 — Sections 138, 139 (presumption of debt), 142 (cognizance and jurisdiction), 143A (interim compensation), 147 (compounding). Punishment under Section 138: imprisonment up to 2 years, or fine up to twice the cheque amount, or both. The BNS/BNSS (from 1 July 2024) did not change these NI Act periods.
Frequently asked questions
- What is the time limit to send a cheque bounce notice in India?
- Under Section 138 of the Negotiable Instruments Act, 1881, the written demand notice must be sent within 30 days of receiving information from the bank that the cheque was returned unpaid. The drawer then has 15 days from receiving the notice to pay.
- When can I file a cheque bounce complaint under Section 138?
- Only after the drawer's 15-day payment window ends. The cause of action arises the next day, and the complaint must be filed within one month from then (Section 142(1)(b)), excluding the first day. A complaint filed before the 15 days end is premature.
- How long is a cheque valid in India?
- Three months from the date written on the cheque, as per the RBI direction effective 1 April 2012. For a Section 138 case, the cheque must be presented within this validity.
- What if I missed the one-month deadline to file the complaint?
- The court may still take cognizance if you show sufficient cause for the delay (proviso to Section 142(1)(b)). You would need a delay-condonation application. Civil recovery may also remain possible within limitation. Speak to an advocate quickly.
- Is this calculator legal advice?
- No. It shows general statutory periods for information only. Your actual dates depend on facts such as when you received the bank memo and when the notice was delivered. Adhiwakta is not a law firm; please have an advocate review your documents.