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A correct cheque bounce notice format is the first and most important step in a case under Section 138 of the Negotiable Instruments Act, 1881. The notice must demand the exact cheque amount, be sent within 30 days of receiving the bank’s return memo, and give the drawer 15 days to pay. A small error, such as a wrong amount, can make the whole case fail.
Key takeaways
- Send the notice within 30 days of receiving the return memo from your bank.
- Demand the exact cheque amount; the Supreme Court held in 2025 that a notice with a different amount is invalid.
- Give the drawer 15 days from receipt to pay.
- Send it by speed post and, where possible, by email and WhatsApp too.
- If the drawer does not pay, file the complaint within one month after the 15 days end.
In this guide
Why the cheque bounce notice matters
A bounced cheque is not an offence by itself. Under proviso (b) to Section 138, the offence is complete only when the drawer fails to pay within 15 days of receiving a written demand. The notice is therefore a legal requirement, not a formality.
Courts read the notice strictly. In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025 INSC 1133), the Supreme Court upheld the quashing of a complaint because the notice stated an amount different from the cheque. The Court said even a typing error is fatal.
What a cheque bounce notice must contain
| Item | Why it is needed |
|---|---|
| Name and address of the payee (your client) | Identifies who is demanding payment |
| Name and address of the drawer | Correct service; wrong address invites a defence of non-receipt |
| Nature of the debt or liability | The cheque must be for a legally enforceable debt |
| Cheque number, date, amount, bank and branch | Identifies the dishonoured cheque |
| Date of presentation, return memo date and reason | Shows dishonour and that the notice is in time |
| Clear demand for the cheque amount | Mandatory under proviso (b); must match the cheque exactly |
| 15 days to pay from receipt | Statutory period under proviso (c) |
| Signature of the payee or advocate, with date | Authenticates the notice |
You may also claim interest, notice charges or other dues, but list them separately. The demand for the cheque amount itself must stand on its own.
Sample cheque bounce notice format
The format below is a general template. Adapt the facts to your case and check every figure against the cheque and the return memo.
LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
By Speed Post / Email / WhatsApp
Date: [DD/MM/YYYY]
To,
[Name of drawer]
[Full address]
Under instructions from and on behalf of my client, [name of payee], resident of [address] (hereinafter “my client”), I serve you with the following legal notice:
- That you were liable to pay my client a sum of ₹[amount] towards [nature of debt, e.g. a friendly loan given on DD/MM/YYYY / price of goods supplied under invoice no. ___].
- That in discharge of the said liability, you issued cheque no. [number] dated [date] for ₹[amount] (Rupees [amount in words] only), drawn on [bank], [branch], in favour of my client.
- That my client presented the said cheque through [his/her] banker, [bank], [branch], on [date], and it was returned unpaid with the remark “[reason, e.g. Funds Insufficient]” by return memo dated [date], which my client received on [date].
- That the dishonour of the said cheque makes you liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881.
- I therefore call upon you to pay my client the said cheque amount of ₹[amount] (Rupees [amount in words] only) within 15 days of receipt of this notice.
- Take notice that if you fail to pay the said amount within the said period, my client shall be constrained to file a criminal complaint against you under Sections 138 and 142 of the said Act, and to take such other proceedings as are available in law, entirely at your risk as to costs and consequences.
A copy of this notice has been retained in my office for record and further action.
[Name of advocate]
Advocate, Enrolment No. [___]
[Office address, phone, email]
Cheque bounce notice time limits
| Step | Time limit | Law |
|---|---|---|
| Present the cheque | Within 3 months of the cheque date | S. 138, proviso (a) |
| Send the notice | Within 30 days of receiving the return memo | S. 138, proviso (b) |
| Drawer to pay | 15 days from receipt of notice | S. 138, proviso (c) |
| File the complaint | Within 1 month after the 15 days end | S. 142(1)(b) |
| Delay in filing | Court may condone for sufficient cause | Proviso to S. 142(1)(b) |
How to send a cheque bounce notice
- Speed post or registered post: keep the receipt and print the tracking report. A correctly addressed letter is presumed served under Section 27 of the General Clauses Act.
- Courier: useful as a second mode, with proof of delivery.
- Email and WhatsApp: the Allahabad High Court held in Rajendra v. State of U.P. (2024) that a notice sent by email or WhatsApp is valid under Sections 4 and 13 of the IT Act. Save screenshots showing delivery.
If the drawer claims the notice never reached them, the Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed (2007) held that they can still pay within 15 days of receiving the court summons. If they do not, they cannot rely on non-receipt.
From Delhi practice: send the notice by speed post to every known address (home, office, the address on the cheque book) and by email and WhatsApp on the same day. It costs little and closes the most common defence at trial in Delhi courts.
Notice when the drawer is a company or firm
Address the notice to the company or firm at its registered office. Under Section 141, directors or partners who were in charge of the business can also be prosecuted. As a precaution, send copies to the directors or partners who signed the cheque or ran the business, and name them in the notice.
Mistakes that make a cheque bounce notice invalid
- Stating an amount different from the cheque, even by a typing error.
- Mixing the cheque amount with interest or costs in one figure.
- Sending the notice after 30 days from receiving the return memo.
- Giving fewer than 15 days to pay.
- Wrong or incomplete address, with no second mode of service.
- Not keeping proof of dispatch and delivery.
What happens after the notice is sent?
- Drawer pays within 15 days: no offence is made out. Get a written acknowledgement.
- Drawer replies disputing liability: keep the reply; it often helps fix their defence early. Our guide on how to defend a cheque bounce case covers common defences.
- No payment: file the complaint before the Magistrate where your bank branch is located (Section 142(2)). Our guide on the cheque bounce case in Delhi explains the court procedure step by step.
On conviction, the court can impose imprisonment of up to two years, a fine of up to twice the cheque amount, or both. The court can also order interim compensation of up to 20% of the cheque amount under Section 143A.
How a lawyer can help
Most failed cheque bounce cases fail at the notice stage. A cheque bounce lawyer in Delhi can check the dates, draft a notice that matches the cheque exactly, serve it by multiple modes and file the complaint in time. If the amount is large, a parallel money recovery suit may also help. For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
What is the time limit for sending a cheque bounce notice?
The notice must be sent within 30 days of receiving the bank’s return memo. The drawer then has 15 days from receipt to pay. If they do not pay, the complaint must be filed within one month after those 15 days end, under Section 142(1)(b) of the Negotiable Instruments Act.
Can I send a cheque bounce notice by WhatsApp or email?
Yes. The Allahabad High Court held in 2024 that a Section 138 notice sent by email or WhatsApp is valid under the IT Act. In practice, send it by speed post as well, and keep screenshots showing delivery, so non-receipt cannot be argued at trial.
What if the amount in the notice is wrong?
The notice may be invalid. In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025), the Supreme Court held that the notice must demand the exact cheque amount, and even a typographical error is fatal. If the 30 days have not run out, send a fresh, correct notice.
Can I claim interest in a cheque bounce notice?
Yes, but separately. You can add interest, notice charges or other dues, but the notice must clearly demand the cheque amount on its own. Combining everything into a single figure risks the notice being held invalid, which can end the case.
Is a lawyer needed to send a cheque bounce notice?
No. The payee can send it personally, since the law only requires a written demand. However, an advocate’s notice is usually drafted more carefully, and errors in dates or amounts can make the complaint fail. Most payees in Delhi send the notice through an advocate.
What if the drawer refuses to accept the notice?
Refusal is treated as valid service. A notice sent by registered post to the correct address is presumed served under Section 27 of the General Clauses Act, even if it returns as refused or unclaimed. Keep the returned envelope and tracking report as proof.
Conclusion
Getting the cheque bounce notice format right protects your entire Section 138 case. Match the amount exactly, send it within 30 days by more than one mode, and keep proof of every step before filing the complaint.
This guide was prepared with reference to Sections 138 to 143A of the Negotiable Instruments Act, 1881, available on India Code, and the Supreme Court’s judgment in Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025). The sample format is for general reference only.
Related guides and services
- Cheque Bounce Lawyer in Delhi
- Money Recovery Lawyer in Delhi
- Criminal Lawyers in Delhi
- Cheque bounce case in Delhi: full procedure
- How to defend a cheque bounce case
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
