What is the time limit to file a cheque bounce case?

A cheque bounce case under Section 138 follows a strict statutory timeline, and missing any deadline can defeat your right to prosecute. You must send a demand notice within 30 days of the bounce and, if unpaid, file the complaint within a specific window afterwards.

Key points

• The bank issues a cheque return memo — preserve it, as it is essential evidence.
• You must send a legal demand notice to the drawer within 30 days of receiving the return memo.
• The drawer has 15 days from receiving the notice to make payment.
• If unpaid, you must file the complaint within 30 days after the 15-day period expires.
• Courts can sometimes condone a delay in filing, but you should not rely on it.

Relevant law

Section 138 of the Negotiable Instruments Act, 1881 makes cheque dishonour an offence, and Section 142 sets out the complaint timeline and jurisdiction. The offence is punishable with imprisonment up to two years, a fine up to twice the cheque amount, or both.

What you can do

• Collect the dishonoured cheque and the bank return memo immediately.
• Send a legal demand notice within 30 days via registered post with acknowledgement.
• If unpaid within 15 days, file a complaint before the Magistrate in Udaipur within the next 30 days.
• Consult a cheque bounce lawyer in Udaipur to ensure the timeline is strictly followed.