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Section 138 cheque bounce limitation calculator
Enter the dates you have. The calculator works out the last day to send the demand notice, the drawer's fifteen-day payment window, the day the cause of action arises and the last day to file a complaint under Section 138 of the Negotiable Instruments Act, 1881.
Last updated 9 October 2026
Dates in your matter
Optional. Used to show the last safe day to present the cheque.
The thirty days for the demand notice run from this date.
Optional. Used to check the notice went out in time.
The fifteen days to pay run from this date. Use the delivery date on the postal tracking report or acknowledgment card.
Your Section 138 timeline
If a last day falls on a day the court is closed, the step may be taken on the next day it is open. Dates are computed from what you enter and are not saved.
The Section 138 timeline, step by step
Present the cheque within its validity
The cheque must be presented to the bank within three months of the date on which it is drawn, or within the period of its validity, whichever is earlier (proviso (a) to Section 138). A cheque may be presented more than once within that period.
Send a written demand within 30 days
The payee or holder in due course must demand payment by a notice in writing to the drawer within thirty days of receiving information from the bank that the cheque was returned unpaid (proviso (b)).
Allow the drawer 15 days to pay
The drawer has fifteen days from receipt of the notice to pay the cheque amount (proviso (c)). If payment is made in that time, no offence is made out.
Cause of action arises
If the fifteen days pass without payment, the cause of action arises on the following day. A complaint filed before that day is premature.
File the complaint within one month
The complaint must be made within one month of the date on which the cause of action arises (Section 142(1)(b)), before a Judicial Magistrate of the first class or a Metropolitan Magistrate. The court may take cognizance of a later complaint if sufficient cause for the delay is shown.
How the calculator counts the days
The day on which you receive the return memo, and the day on which the drawer receives the notice, are not counted. Thirty days and fifteen days are counted from the following day.
For the complaint, the day on which the cause of action arises is excluded and a month means a calendar month, so the period ends on the corresponding date of the next month. The Supreme Court settled this in Econ Antri Ltd. v. Rom Industries Ltd. (2013), approving Saketh India Ltd. v. India Securities Ltd. (1999). In Saketh, the notice was served on 29 September 1995, the fifteen days ended on 14 October, the cause of action arose on 15 October, and a complaint filed on 15 November 1995 was held to be within time. The calculator reproduces those dates.
For presentation, the calculator shows the day before the corresponding date three months after the cheque date, which is the cautious reading. Do not leave presentation to the last day.
A worked example
A cheque dated 20 January 2026 is returned unpaid and the payee receives the bank's return memo on 2 March 2026. The demand notice must be sent on or before Wednesday, 1 April 2026. The notice is posted on 9 March and delivered to the drawer on 12 March 2026. The drawer may pay up to 27 March 2026. If no payment is made, the cause of action arises on 28 March 2026 and the complaint must be filed on or before Tuesday, 28 April 2026.
Mistakes that cost Section 138 complaints
- Counting the thirty days for the notice from the date of the cheque or the date of deposit, when it runs from receipt of the bank's return memo.
- Filing the complaint before the drawer's fifteen days have run. A premature complaint is not maintainable.
- Treating a refused or unclaimed notice as not served. A notice sent by registered post to the drawer's correct address is generally presumed to be served, and the complaint should plead this (C.C. Alavi Haji v. Palapetty Muhammed, 2007).
- Letting the notice period lapse and assuming the claim is lost. If the cheque is still within its validity it can be presented again, and a fresh dishonour supports a fresh notice (MSR Leathers v. S. Palaniappan, 2012).
- Filing in the wrong court. Under Section 142(2), where the cheque is delivered for collection through an account, jurisdiction lies with the court where the payee's bank branch is situated.
Section 138 cheque bounce calculator: common questions
From which date do the 30 days for the demand notice run?
From the date the payee receives information from the bank that the cheque was returned unpaid, which in practice is the date the return memo is received. They do not run from the date on the cheque or the date it was deposited.
Can a complaint be filed before the 15 days are over?
No. The cause of action arises only when the drawer fails to pay within fifteen days of receiving the notice. In Yogendra Pratap Singh v. Savitri Pandey (2014) the Supreme Court held that a complaint filed before that period expires is not maintainable, though a fresh complaint may be filed with an application explaining the delay.
Can delay in filing the complaint be condoned?
Yes. Under the proviso to Section 142(1)(b), the court may take cognizance of a complaint filed after one month if the complainant satisfies it that there was sufficient cause for the delay. There is no similar power to condone a demand notice sent after thirty days.
What if the last day falls on a court holiday?
Under Section 10 of the General Clauses Act, 1897, where the court is closed on the last day of a prescribed period, the act is treated as done in time if it is done on the next day the court is open.
Run the whole cheque dishonour matter in Settl
Open a cheque bounce matter, record the notice and complaint deadlines on it, and generate the demand notice and complaint on your letterhead from the matter record.
Not legal advice. This calculator gives general information from the dates and figures you enter. It does not account for every exclusion, extension or local rule. Check the statute and current case law, and have a qualified advocate confirm any date or amount you intend to rely on. Settl is not a law firm.