Cheque Bounce Legal Notice Format under Section 138: Free Word Download
If a cheque given to you is returned unpaid, the law gives you a criminal remedy under Section 138 of the Negotiable Instruments Act, 1881, but only if you send a written demand notice to the drawer within 30 days of receiving the bank's return memo. This notice is the foundation of the whole case, so the dates and amount in it must be exact. Read our cheque bounce timeline guide for the full process, and the free Section 138 limitation calculator to work out your deadlines.
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How to fill and use it
Common mistakes to avoid
- Sending the notice after 30 days of receiving the return memo.
- Writing a wrong cheque number, date or amount.
- Demanding an amount different from the cheque amount without clearly separating it.
- Filing the complaint before the 15 days given in the notice have passed.
हिंदी में: चेक बाउंस होने पर बैंक का रिटर्न मेमो मिलने के 30 दिन के अंदर यह लीगल नोटिस भेजना ज़रूरी है। नोटिस में चेक की रकम 15 दिन में चुकाने की मांग की जाती है। नोटिस रजिस्टर्ड डाक / स्पीड पोस्ट से भेजें और रसीद संभालें। भुगतान न होने पर 15 दिन खत्म होने के एक महीने के अंदर धारा 138 की शिकायत दायर करें।
The format
You can read the full format below, copy it, or download the Word file above.
BY REGISTERED POST A.D. / SPEED POST
LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
Date: ____________
To,
__________ (name of the person / firm who issued the cheque)
__________ (full address)
Sir / Madam,
I, __________ S/o / D/o / W/o __________, resident of __________, hereby serve you with the following legal notice:
1. That you are legally liable to pay me a sum of Rs. __________ on account of __________ (state the reason: loan given on ___ / price of goods supplied / balance payment for ___).
2. That in discharge of this legally enforceable liability, you issued cheque No. __________ dated __________ for Rs. __________ (Rupees __________ only), drawn on __________ Bank, __________ Branch, in my favour.
3. That I presented the said cheque for encashment through my bank, __________ Bank, __________ Branch, on __________, but it was returned unpaid with the remark "__________" vide return memo dated __________, which I received on __________.
4. That you issued the said cheque knowing well that it would not be honoured, and its dishonour has caused me financial loss and harassment.
5. That I hereby call upon you to pay me the said cheque amount of Rs. __________ (Rupees __________ only) within 15 (fifteen) days of receipt of this notice.
6. That if you fail to make the payment within the said period, I shall be constrained to file a criminal complaint against you under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 in the competent court at __________, and to take such other civil proceedings for recovery as may be advised, entirely at your risk as to costs and consequences.
A copy of this notice has been retained in my office / with me for record and further action.
Signature: ______________________
Name: ______________________
Address / Mobile: ______________________