Notice for Dishonoured Cheque - Send Legal Notice Online
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Quick Summary — Send Legal Notice for Dishonoured Cheque (Section 138)
Criminal liability notice under NI Act with 2-year imprisonment threat
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Drafting + Review + Registered Post + Proof. Section 138 compliant.
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Notice drafted and dispatched within 24 hours of receiving your documents.
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Drafted by banking law specialists. Cites Section 138 NI Act precisely.
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Format complies with all legal requirements for filing criminal complaint.
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Why Choose Vakiltech for Cheque Bounce Notice?
Fast, legally compliant Section 138 notices with criminal case backup
| Feature | Offline Lawyer | Vakiltech |
|---|---|---|
| Total Fee | ₹5,000 - ₹12,000+ | ₹1,499 All-inclusive |
| Draft Turnaround Time | 3-5 Days | 24 Hours All-inclusive |
| Section 138 Compliance | ✓ Yes | 100% Compliant + Verified |
| Timeline Adherence | Sometimes Missed | 30-Day Window Guaranteed |
| Registered Post Tracking | Extra ₹500-800 | Included Free |
| Criminal Case Support | Extra Charges | Guidance Included |
| Acknowledgment Proof | Not Always | Always Provided |
| Digital Records | Extra Cost | Free Lifetime Access |
Get your Section 138 notice within 24 hours and recover your money faster
Start Your Cheque Bounce NoticeWhen & Why Should You Send a Legal Notice for Dishonoured Cheque?
Understanding Section 138 requirements and criminal liability for cheque bounce
When to Send a Cheque Bounce Notice
- Within 30 days of receiving bank return memo: The notice must be sent within 30 days from the date you received information from your bank about cheque dishonor. Missing this deadline can forfeit your legal rights.
- When cheque bounces due to insufficient funds: If the cheque is returned with reasons like 'insufficient funds', 'account closed', 'stop payment instruction', or 'signature mismatch', you can send a legal notice.
- When debtor issued cheque for legally enforceable debt: The cheque must have been issued in discharge of a legally enforceable debt or liability. Gift cheques or donation cheques don't qualify under Section 138.
- Before filing criminal complaint: Legal notice under Section 138 is mandatory before filing a criminal complaint. The drawer gets one final chance to pay within 15 days of receiving the notice.
Why Send a Section 138 Notice
- Criminal liability creates immediate pressure: Unlike civil recovery, cheque bounce is a criminal offense punishable with imprisonment up to 2 years or fine up to twice the cheque amount, or both. This creates severe pressure for quick payment.
- Mandatory legal requirement: Section 138 of Negotiable Instruments Act makes serving a legal notice compulsory before filing a criminal complaint. Without proper notice, your case will be dismissed.
- 90% payment success rate: The threat of criminal proceedings and potential jail time motivates most drawers to settle payment within the 15-day notice period, avoiding court altogether.
- Dual remedy - criminal and civil: You can pursue criminal complaint under Section 138 and simultaneously file a civil suit for money recovery, maximizing your chances of getting paid. money recovery
- Establishes timeline compliance: Proper notice with registered post acknowledgment creates irrefutable evidence of timeline compliance, strengthening your case if the matter goes to court.
💡 Pro Tip: If the drawer makes partial payment after receiving the notice, still file the criminal case for the remaining amount. Partial payment doesn't absolve them of criminal liability for the unpaid portion.
Note: According to judicial data, over 90% of cheque bounce cases filed with proper Section 138 notice result in payment or settlement before trial, significantly reducing litigation time and costs.
What Should Be Included in a Cheque Bounce Notice?
Section 138 compliance checklist for legally valid demand notice
Drawer & Payee Details
Complete name, address, and contact details of the person who issued the cheque (drawer) and the person to whom it was issued (payee/holder).
Cheque Details
Cheque number, date on cheque, bank name and branch, account number (if available), and exact amount mentioned on the cheque.
Bank Return Memo Details
Date when bank informed you about dishonor, reason for return (insufficient funds/account closed/stop payment), and attach copy of return memo.
Nature of Debt/Liability
Clear explanation of why the cheque was issued - loan repayment, business transaction, service payment, or any other legally enforceable debt.
Demand for Payment
Explicit demand to pay the cheque amount within 15 days from receipt of notice, as mandated by Section 138 of Negotiable Instruments Act.
Reference to Section 138 NI Act
Specific mention of Section 138 of Negotiable Instruments Act, 1881, and warning of criminal prosecution if payment not made.
Consequences of Non-Payment
Clear statement that criminal complaint will be filed in appropriate Magistrate court if payment not received within 15 days, leading to potential imprisonment and penalties.
Advocate Details & Signature
Notice must be issued through a lawyer on their letterhead with Bar Council enrollment number, signature, and date for legal validity.
Proof of Delivery
Must be sent via registered post/speed post with acknowledgment due to establish date of receipt, crucial for the 15-day payment window calculation.
Criminal Liability Creates Maximum Pressure for Payment
Why Send a Legal Notice for Dishonoured Cheque?
Sending a Section 138 legal notice transforms cheque dishonor from a civil dispute into a criminal matter with potential imprisonment. This creates immediate psychological and legal pressure that civil recovery simply cannot match. The threat of a criminal record, imprisonment for up to 2 years, and social stigma motivates 90% of drawers to settle payment within the 15-day notice period.
Whether it's a bounced cheque for business dues, personal loans, or property transactions, a properly drafted Section 138 notice from a qualified banking law advocate establishes the legal foundation for both criminal prosecution and civil recovery. The dual remedy approach, combined with strict statutory timelines, makes this the most effective debt recovery mechanism in Indian law.
Legal Framework for Cheque Bounce Cases in India
Understanding Section 138 of Negotiable Instruments Act and criminal liability
Legal Provisions Under Section 138 NI Act
Section 138 of the Negotiable Instruments Act, 1881 makes dishonor of cheque a criminal offense with strict procedural requirements:
View Related Provisions (3 more)▼
4. Section 143 - Power to Direct Interim Compensation
The court may direct the drawer to pay interim compensation not exceeding 20% of the cheque amount to the payee. This provides immediate relief while the case is pending.
5. Section 147 - Offenses by Companies
If the drawer is a company, every person who was in charge of and responsible for the conduct of business shall be deemed guilty. Directors can face criminal liability.
6. Section 148 - Compounding of Offenses
Cheque bounce offenses can be compounded with permission of court. This allows for negotiated settlement even after filing the criminal case.
Timeline & Procedural Requirements
30-Day Notice Window
Legal notice must be sent within 30 days of receiving information about dishonor from the bank. This is a strict timeline - missing it means losing the right to prosecute under Section 138.
15-Day Payment Window
Drawer has 15 days from receiving the notice to make payment. This period cannot be shortened or extended.
30-Day Complaint Filing Window
If drawer doesn't pay within 15 days, complaint must be filed in court within 30 days of the 15-day period expiring. Total window: 45 days after notice sent.
Jurisdiction
Complaint can be filed in any of these jurisdictions: where cheque was drawn, where it was deposited, where payee resides, or where drawer resides. Choose strategically.
Important: Strict adherence to timelines is mandatory. Courts are very particular about the 30-15-30 day formula. Even a single day's delay can result in case dismissal. Our advocates ensure perfect timeline compliance.
What Happens After Sending Section 138 Notice?
Understanding the cheque bounce legal process timeline and next steps
Expected Timeline for Section 138 Cases
Day 1-3: Notice Drafting & Dispatch
Advocate drafts Section 138 compliant notice citing cheque details, bank return memo, and legal provisions. Sent via registered post with acknowledgment due. You receive copy and tracking number.
Day 4-10: Notice Delivery & Receipt
Notice reaches the drawer via registered post. Acknowledgment provides legal proof of date of receipt. The 15-day payment window starts from this date, not from date of dispatch.
Day 11-25: 15-Day Payment Window
Drawer has exactly 15 days from receiving notice to make full payment. Many settle during this period to avoid criminal case. If partial payment made, criminal case can still be filed for remaining amount.
Day 26-55: Criminal Complaint Filing Window
If no payment within 15 days, you have 30 days to file criminal complaint in Magistrate court. We prepare complete complaint with all annexures and evidence.
Possible Responses & Next Legal Steps
Criminal Trial Process
Trial typically takes 6-24 months depending on court workload. Court can order interim compensation (up to 20% of cheque amount). If found guilty, drawer faces imprisonment up to 2 years or fine up to twice the cheque amount. Most cases settle before trial judgment.
Parallel Civil Recovery
You can simultaneously file a civil money recovery suit for the cheque amount. While criminal case creates pressure through imprisonment threat, civil suit focuses purely on money recovery. Both remedies can be pursued together for maximum effect.
Remember: Remember: Missing any deadline (30 days for notice, 15 days for payment, 30 days for complaint) can result in losing your legal rights. Over 90% of properly served Section 138 notices result in payment without needing to file the criminal case.
How to Send a Legal Notice in India (2025 Guide)
Sending a legal notice in India involves four key steps — from providing your case details to dispatching the notice via registered post. Vakiltech's advocates simplify this process by drafting your notice within 24 hours and sharing it for your approval before it's sent. Here's how it works:
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The Role of Criminal Law in Debt Recovery
Understanding Section 138 Legal Notice for Cheque Bounce
A legal notice under Section 138 of the Negotiable Instruments Act is a mandatory pre-prosecution demand sent to the drawer (person who issued the cheque) after a cheque bounces. It serves as final warning before initiating criminal proceedings and is a statutory requirement - without proper notice, no criminal complaint can be filed.
Our banking law specialists draft Section 138 notices ensuring perfect compliance with all legal requirements including timeline adherence, proper cause of action, and evidentiary standards. For businesses dealing with multiple payment defaults, we offer corporate retainer plans with priority cheque bounce notice services and ongoing legal support for financial recovery matters.
Professional. Fast. Section 138 Compliant.
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About Notice for Dishonoured Cheque
A legal notice for dishonoured cheque is a powerful remedy under Section 138 of the Negotiable Instruments Act, making cheque bounce a criminal offense punishable by imprisonment up to 2 years or fine up to twice the cheque amount. When a cheque is returned unpaid due to insufficient funds, stopped payment, or account closure, you must send a legal notice within 30 days of receiving the bank return memo. This notice gives the drawer 15 days to make payment, failing which criminal proceedings can be initiated. Our specialized lawyers ensure strict compliance with Section 138 requirements while drafting notices that create maximum legal pressure. The criminal nature of cheque bounce makes this remedy extremely effective, as most drawers prefer immediate settlement to avoid criminal cases that could permanently damage their reputation and employment prospects. This legal notice also preserves your rights for civil recovery proceedings.
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