Cheque Bounce Notice (Section 138 NI Act)
Demand notice under Section 138 of the Negotiable Instruments Act, 1881 for a dishonoured cheque: sent within 30 days of the bank's return memo, it gives the drawer 15 days to pay.
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Same document in Hindi: हिंदी संस्करण
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LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 Date: _______________ To, _______________ _______________ Subject: Demand notice for the dishonour of Cheque No. _______________ dated _______________ for Rs. _______________/- Dear _______________, I, _______________, residing at _______________, give you this notice under clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881. 1. You issued Cheque No. _______________ dated _______________, drawn on _______________, _______________, for Rs. _______________/- (Rupees _______________ only) in my favour towards _______________. 2. I presented the cheque on _______________. It was returned unpaid, as the bank's return memo dated _______________ records, with the reason "_______________". 3. I call upon you to pay me the cheque amount of Rs. _______________/- within FIFTEEN (15) DAYS of your receipt of this notice. 4. If you do not pay within those fifteen days, you will have committed an offence under Section 138 of the Act, and I shall file a complaint against you before the competent court, without further notice. _______________ Date: _______________
When to Use This Document
- ✓A cheque issued to you has been returned unpaid by the bank
- ✓You need to send the statutory demand within 30 days of the dishonour memo
- ✓The drawer has not paid despite the cheque being presented
- ✓You intend to proceed under Section 138 of the Negotiable Instruments Act
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Full Sample Draft
LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
Date: {{notice_date}}
To,
{{drawer_name}}
{{drawer_address}}
Subject: Demand notice for the dishonour of Cheque No. {{cheque_no}} dated {{cheque_date}} for Rs. {{cheque_amount}}/-
Dear {{drawer_name}},
I, {{payee_name}}, residing at {{payee_address}}, give you this notice under clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881.
1. You issued Cheque No. {{cheque_no}} dated {{cheque_date}}, drawn on {{bank_name}}, {{bank_branch}}, for Rs. {{cheque_amount}}/- (Rupees {{amount_words}} only) in my favour towards {{payment_reason}}.
2. I presented the cheque on {{presentation_date}}. It was returned unpaid, as the bank's return memo dated {{dishonour_date}} records, with the reason "{{dishonour_reason}}".
3. I call upon you to pay me the cheque amount of Rs. {{cheque_amount}}/- within FIFTEEN (15) DAYS of your receipt of this notice.
4. If you do not pay within those fifteen days, you will have committed an offence under Section 138 of the Act, and I shall file a complaint against you before the competent court, without further notice.
{{payee_name}}
Date: {{notice_date}}Your details are filled in automatically. Download as Word (.docx) or PDF — free, no signup.
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Frequently Asked Questions
How long do I have to send a cheque bounce notice?▼
What must the notice contain?▼
Can I also sue civilly for the same amount?▼
What if I re-presented the cheque and it bounced again?▼
Send by Registered Post AD within 30 days of receiving the bank's return memo. The drawer then has 15 days from receiving this notice to pay; if they do not, the complaint must be filed within one month after those 15 days end (Section 142(1)(b)).
Other notices
A notice is a demand with a deadline attached. These are the other situations that call for one.
- Legal notice for unpaid rent
- Money recovery legal notice
- Legal notice for breach of contract
- Property partition notice
- District Commission consumer complaint
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