Free advocate tool · Negotiable Instruments Act, 1881
Cheque Bounce Section 138 NI Act Timeline Calculator
Enter the cheque, dishonour and notice dates to check every statutory step of a section 138 case — and see the last day to file the complaint under section 142.
- Pass/fail checklist
- 30-day notice check
- s.142 complaint deadline
Section 138 timeline
Results update as you type. Sample dates are filled in; clear any date you don't have yet.
Last day to file the complaint
Wed, 9 Dec 2026
- PassCheque presented within its validity period
Presented 25 Sep 2026. Valid up to 30 Nov 2026.
Proviso (a) to s.138; RBI: cheques valid for 3 months from the date on the cheque - PassDemand notice sent within 30 days of information of dishonour
Sent on day 21 (20 Oct 2026). The 30th day was 29 Oct 2026.
s.138 proviso (b) - Date15-day payment period after the drawer receives the notice
Notice received 24 Oct 2026. The drawer can pay until Sun, 8 Nov 2026 (15 days, excluding the day of receipt).
s.138 proviso (c) - DateCause of action arises
Mon, 9 Nov 2026 — the day after the 15-day period ends, if payment is not made. A complaint filed before this date is premature.
s.138 proviso (c) read with s.142(1)(b) - DateComplaint filed within one month of the cause of action
File between 9 Nov 2026 and Wed, 9 Dec 2026 (one month, excluding the day the cause of action arose). 24 days left as of 15 Nov 2026. File before the court with jurisdiction under s.142(2).
s.142(1)(b)
Timeline
- Date on the cheque
- +24 daysCheque presented
- +4 daysInformation of dishonour received
- +21 daysDemand notice sent
- +4 daysNotice delivered to drawer
- +15 days15-day payment period ends
- +1 dayCause of action arises
- +21 daysCheque validity ends
- +9 daysLast day to file complaint
Counted as of 15 Nov 2026. Weekends and court holidays are not adjusted — if a last day falls on a holiday, check the court calendar.
Track this case inside Legal StaffGeneral information for advocates, not legal advice. Statutes, rules and court practice directions change; check the bare Act, the latest amendments and your court's rules before relying on any date or section. This free tool is a calculation aid: confirm every date and section against the bare Act before you file or cite.
Method
How this is calculated
- Cheque validity. Proviso (a) to section 138 requires the cheque to be presented within six months of its date or within its period of validity, whichever is earlier. Under RBI directions cheques are valid for three months, so the tool checks presentation within three months (a cheque dated 15 January is treated as valid up to 14 April; presentation on the 15th is flagged for checking).
- Demand notice: 30 days. Proviso (b): the payee must make a written demand within 30 days of receiving information from the bank about the dishonour. The day of receipt is excluded, so day 30 is the last day; a notice sent on day 31 fails.
- Payment window: 15 days. Proviso (c): the drawer has 15 days from receipt of the notice to pay. The cause of action arises on the day after those 15 days end, if payment has not been made. A complaint filed before then is premature.
- Complaint: within one month. Section 142(1)(b): the complaint must be filed within one month of the date the cause of action arises. The tool excludes the day the cause of action arose and ends the month on the corresponding calendar date. The proviso lets the court take cognizance after that if the complainant shows sufficient cause for the delay.
- Where to file. Section 142(2) fixes territorial jurisdiction — broadly, where the payee's bank branch that collects the cheque is situated. Check the bare section for your facts.
- What the tool cannot know. Court holidays, the exact date of deemed service, and whether a notice was correctly addressed. Treat the result as a checklist, not an opinion.
Frequently asked questions
What is the time limit to send a cheque bounce notice under section 138?
Within 30 days of receiving information from the bank that the cheque was dishonoured (proviso (b) to section 138). Excluding the day of receipt, day 30 is the last day. A notice sent on day 31 does not satisfy the section.
When does the cause of action arise in a cheque bounce case?
On the day after the 15-day period given to the drawer to pay ends, if payment is not made. The 15 days run from the date the drawer receives the demand notice.
What is the last date to file a section 138 complaint?
Within one month of the date the cause of action arises (section 142(1)(b)). The calculator excludes the day the cause of action arose, so the month ends on the corresponding date of the next month.
Can a late section 138 complaint be filed?
Yes, with an application showing sufficient cause for the delay. The proviso to section 142(1)(b) allows the court to take cognizance after the one-month period if it is satisfied with the reasons.
How long is a cheque valid for presentation?
Three months from the date on the cheque, under RBI directions; section 138 requires presentation within six months or the validity period, whichever is earlier. Banks generally treat a cheque dated 15 January as valid up to 14 April.
Does the tool adjust deadlines for court holidays?
No. It cannot know court holidays, so check whether any last day falls on a day your court is closed and plan to file earlier where possible.