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Section 138 cheque bounce: the fast-track recovery playbook

Adv. Aman ShuklaAdv. Aman Shukla28 Apr 2026 7 min read

A dishonoured cheque is not just a broken promise — under Section 138 of the Negotiable Instruments Act, it is an offence with a clear, time-bound path to recovery. Speed is everything.

The sequence

  1. On dishonour, obtain the bank's return memo.
  2. Issue the statutory demand notice within 30 days.
  3. If unpaid within 15 days of the notice, file the complaint within the next month.
  4. Prosecute — and keep the door open to settlement throughout.

Why timelines decide outcomes

Section 138 is unusually strict about limitation. Miss the window to issue notice or file, and an otherwise strong claim can fail on a technicality. Diarise every date the moment a cheque bounces.

In cheque-bounce matters, the calendar is as important as the merits.
This article is general information, not legal advice. For guidance on your specific situation, book a consultation.
Adv. Aman Shukla

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Adv. Aman Shukla

Associate — Litigation

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