Section 138, NI Act, 1881
Makes dishonour of cheque a criminal offence — notice is a mandatory prerequisite to a complaint.
A dishonoured cheque demandsa formal response. Act within 30 days.
A Section 138 NI Act demand notice sent by registered post — the mandatory legal prerequisite to filing a criminal complaint for cheque bounce. Act before the deadline.
Section 138 NI Act30-Day DeadlineRegistered PostCriminal Complaint Ready
Rs 999
All-Inclusive
30-Day Deadline
Act Fast
15-Day Payment Window
Give Issuer Notice
What we handle for you
A legally precise Section 138 notice sent by registered post — the mandatory first step in cheque bounce criminal proceedings.
Legal Notice Drafting
Draft the notice in the legally required format citing Section 138 NI Act, Section 142, and all applicable sections — demanding payment within 15 days.
Registered Post Dispatch
Send the notice by speed post/registered post to the issuer's address — with tracking and delivery confirmation preserved as evidence for court.
Proof of Service Preserved
Ensure proof of dispatch and delivery is maintained — essential for proving service in Magistrate court proceedings if the cheque issuer defaults.
Compliance Tracking & Next Steps
Advise on the 15-day payment window. If payment is not received, guide on filing a criminal complaint within the next 30 days.
The 5-Step Process
From dishonour memo to dispatched notice — within the mandatory 30-day statutory deadline.
01
Share Cheque Details
Provide the cheque number, amount, date, dishonour date, bank memo, and the issuer's details.
02
Lawyer Drafts the Notice
Our lawyer drafts a legally precise demand notice citing Section 138 NI Act, demanding payment within 15 days.
03
Your Approval
You review and approve the notice draft.
04
Sent by Registered Post
The notice is dispatched by speed post/registered post to the issuer's address — with tracking and delivery confirmation preserved as evidence.
05
Compliance Tracking
If the issuer pays within 15 days, the matter is resolved. If not, you can file a criminal complaint within the next 30 days.
Legal Framework
Cheque bounce proceedings are governed by the Negotiable Instruments Act — with strict statutory deadlines that cannot be missed.
Section 142, NI Act
The complaint can only be filed after the notice is served and the 15-day payment period has expired without payment.
Section 27, General Clauses Act
Creates a legal presumption of service when the notice is sent by registered post to the correct address.
Section 143A, NI Act
Allows the court to order interim compensation of up to 20% of cheque amount during trial.
Client Success Stories
“A supplier gave me a cheque that bounced. LegalKonnect sent the Section 138 notice within 2 days. The supplier paid in full within the 15-day window — avoided a court case entirely.”
AS
Avinash Shetty
Mangalore“I had three bounced cheques from the same buyer. LegalKonnect handled all three simultaneously — same deadline managed, separate notices with proper documentation for each.”
RP
Rekha Pillai
KochiFrequently Asked Questions
Stamp Duty Not Included
Government stamp duty charges apply to registered documents and vary by state. These are paid directly to the government and are not part of our service fee. Your advocate will confirm the applicable amount for your state before any document is executed.
The notice must be sent within 30 days from the date the payee receives information from the bank that the cheque was dishonoured. Missing this deadline extinguishes the right to file a criminal complaint under Section 138.
The law presumes the cheque was for a legal debt. The issuer bears the burden of proving otherwise. These are defences to be raised before the Magistrate — they do not prevent the sending of the notice or filing of the complaint.
The law requires the notice to be given to the drawer. While email may supplement, sending by registered post or speed post to the drawer's known address is the standard legally accepted method and creates the best evidence of service.
Send the notice to all known addresses — the address on the cheque, any correspondence address, and the current known address. Serving on the address on the cheque is sufficient to satisfy the legal requirement.