Cheque-bounce demand notice (s.138 NI Act)
Demand for payment within 15 days after a cheque is returned unpaid.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
Priya Bedi, Advocate
Chamber 21, District Courts, Amarnagar
LEGAL NOTICE
Date: 12-10-2026
By Registered A.D. / Speed Post
To,
Smt. Meera Sharma
Shop No. 8, Grain Market, Amarnagar, Punjab
Subject: Notice under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, for cheque No. 004512
Sir/Madam,
Under instructions from and on behalf of my client, Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab, I hereby serve you with the following legal notice:
1.That you issued cheque No. 004512 dated 02-09-2026 for ₹2,45,000 (Rupees Two Lakh Forty-Five Thousand only), drawn on Amar Co-operative Bank, Amarnagar, in favour of my client towards repayment of a loan.
2.That my client presented the cheque for payment, and it was returned unpaid on 10-10-2026 with the remark "Funds Insufficient". My client received the bank's return memo on 10-10-2026.
3.That the return of the cheque unpaid shows that you have committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
4.That you are therefore called upon to pay ₹2,45,000 to my client within 15 days of receiving this notice, failing which my client shall file a complaint against you under Sections 138 and 142 of the Act, and you shall be liable for the costs and consequences.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The cheque and the bank's return memo (the originals stay with you; copies go with the notice)
- Proof of the debt the cheque was given for: the agreement, bill, receipt, account or messages
- The drawer's full name and every address you know
- Your account details: the bank and branch where you deposited the cheque
Where to go
Signed by you or your advocate and sent within 30 days of receiving the return memo, by registered post AD or speed post to every address you know; e-mail or WhatsApp can be added.
Fee
No stamp paper or court fee is needed for a notice: you pay the postage, and the advocate's fee if an advocate sends it.
Good to know
- The drawer has 15 days from receiving the notice to pay; if not paid, the complaint is due within the next month, in the court of the place of your bank branch: see "Cheque-bounce complaint (s.138 read with s.142 NI Act)".
- The cheque must have been presented within its validity, three months from its date.
- Keep the postal receipts, the tracking report and the AD card or the returned envelope (unopened): a later case needs them to prove the notice.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Plain paper is enough.