Cheque Bounce Law

What should I do after sending a cheque bounce legal notice with no response?

Asked by Anonymous · Answered 19 Jan 2026

The Question
I sent a legal notice after a cheque given to me bounced, but the 15-day period has passed with no payment or response from the issuer. What is my next step?
Answer — MyLawIndia Legal Team

Once the notice period has expired without payment, you can proceed to file a criminal complaint under Section 138 of the Negotiable Instruments Act before the appropriate magistrate court — this needs to be done within a specific time limit (generally one month) from when the cause of action arose (i.e., from the end of the notice period), so it's important not to delay unnecessarily.

Your complaint should be supported by the dishonoured cheque, the bank's return memo confirming the reason for dishonour, a copy of the legal notice sent, and proof it was actually delivered (or deemed delivered) to the drawer.

Once the complaint is filed and the court takes cognizance, the accused will be summoned, and the case will proceed to trial — though settlement remains possible at any stage, since such cases are compoundable. An advocate can help ensure your complaint is filed correctly and within the applicable time limit, since missing that deadline can seriously complicate your case.

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