The mere bouncing of a cheque is not an offence. The offence under Section 138 of the Negotiable Instruments Act, 1881 is constituted only when three conditions are cumulatively satisfied: (i) a cheque is dishonoured by the bank; (ii) the payee issues a written demand notice within 30 days of receiving the return memo; and (iii) the drawer fails to make payment within 15 days of receiving that notice. It is this failure to comply with the statutory notice — not the dishonour itself — that triggers criminal liability, punishable with up to two years' imprisonment, a fine up to twice the cheque amount, or both. Type your paragraph here
The most critical deadline in cheque bounce law is the 30-day window to send a legal notice after receiving the cheque return memo from the bank. This deadline is absolute and non-negotiable. Courts across India have consistently held that failure to send notice within this period renders the complaint non-maintainable.Type your paragraph here
Mumbai’s dedicated Section 138 advocate. Fourteen years of exclusive cheque dishonour litigation. Enrolled with Bar Council of Maharashtra & Goa (MAH/4247/2012). Practising
before Magistrate Courts, Sessions Courts, and the Bombay High Court.
Shop No. 3, Harmony CHS Ltd, G.B. Marg, Opposite Orlem Church, Orlem, Malad West, Mumbai — 400064
The information on this website is for general informational purposes only and does not constitute legal advice. Accessing this website does not create a lawyer-client relationship. Past matters referenced are illustrative only and do not guarantee similar outcomes in any future case. Adv. Suryanarayan M. Nadar is enrolled with the Bar Council of Maharashtra & Goa (MAH/4247/2012) and is bound by the Bar Council of India Rules, 1975."
