Legal Notice (Money Recovery / Breach / Employment Issues)
Statutory demand notice template for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, covering cheque details, bank return memo, 30-day issuance requirement, 15-day payment demand, and warning of criminal prosecution before the competent Magistrate.
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What is a Legal Notice (Money Recovery / Breach / Employment Issues)?
This is a statutory Section 138 cheque bounce legal notice template tailored for Indian law, capturing cheque particulars, bank return memo details, mandatory 30-day issuance, 15-day payment demand, and clear warning of criminal prosecution before the competent Magistrate.
When should you use this?
Common situations where this document is the right choice.
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Key sections and clauses in this document.
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Frequently asked questions
Everything you need to know before creating your document.
Is a written demand notice mandatory before filing a Section 138 complaint?+
Yes, sending a written demand notice within 30 days of receiving the bank's dishonour memo is a statutory precondition under Section 138, and the offence is complete only if the drawer fails to pay within 15 days of receiving that notice.
What happens if the drawer makes partial payment after receiving the notice?+
Partial payment that does not cover the full cheque amount generally does not cure the dishonour and does not prevent you from filing a complaint for the balance, although the court may consider such payment while awarding sentence or compensation.
Can I re-present the cheque instead of sending a Section 138 notice?+
You may re-present the cheque during its validity period, but the statutory limitation for sending the Section 138 notice is calculated from the date of the last dishonour memo you rely upon for the complaint.
Against whom can a Section 138 complaint be filed when the drawer is a company?+
Apart from the company as the principal accused, responsible directors and authorised signatories who were in charge of and responsible for the conduct of business at the time of the offence may also be arrayed as accused, subject to legal requirements.
Which court has jurisdiction to try a cheque bounce case?+
Jurisdiction in cheque bounce cases is guided by statutory provisions and case law, typically linked to where the payee's bank is located or as otherwise provided by the NI Act amendments and judicial decisions, so local legal advice should be taken.
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Legal Notice (Money Recovery / Breach / Employment Issues)