Someone paid you by cheque and the bank returned it unpaid. Answer a few questions and NyayaAI works out the last date to act, where to go, what to do in what order and what to collect.
| What | Period | Runs from | Authority |
|---|---|---|---|
| Issue the statutory demand notice | 30 days | s.138 proviso (b) — within 30 days of receipt of information of dishonour. | Negotiable Instruments Act, 1881 — s.138 provisos (b) and (c), s.142(1)(b) |
| Drawer's window to pay (no complaint may be filed before this expires) | 15 days | s.138 proviso (c) — 15 days from RECEIPT of the notice by the drawer. | Negotiable Instruments Act, 1881 — s.138 provisos (b) and (c), s.142(1)(b) |
| File the complaint | 1 month | s.142(1)(b) — within one month of the date the cause of action arises under proviso (c). | Negotiable Instruments Act, 1881 — s.138 provisos (b) and (c), s.142(1)(b) |
When did your bank tell you the cheque was returned? The date on the return memo, or the day you were informed — whichever you learnt of first.
Cheque amount (₹)
Have you already sent a legal demand notice to the person who gave the cheque?
The last date to act and how many days remain, worked out from the date you enter; the court, commission or authority that hears it; the steps in order; and a checklist of the documents to collect. Signed-in users can also draft the next document: draft the s.138 demand notice; draft the s.138 complaint.
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