How to Send a Legal Notice for Cheque Bounce in India: Step-by-Step Guide with Format

To send a legal notice for a cheque bounce, write a demand notice under Section 138, Negotiable Instruments Act, 1881 stating the exact cheque amount, and send it to the drawer within 30 days of receiving the bank’s return memo. Use registered post or speed post, and email or WhatsApp too. The drawer then has 15 days from receipt to pay.

Key Takeaways

• A legal notice under Section 138 of the Negotiable Instruments Act, 1881 must be sent within 30 days of the payee receiving the bank’s cheque return memo.
  
• The notice must demand the exact amount written on the cheque; the Supreme Court held in Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025) that a notice demanding a different amount is invalid.
  
• The law does not require the notice to be sent by an advocate, but it must be in writing and must clearly demand payment within 15 days of receipt.
  
• A notice sent by registered post to the drawer’s correct address is presumed served even if it is returned “refused” or “unclaimed” (C.C. Alavi Haji v. Palapetty Muhammed, 2007).
  
• The Allahabad High Court has held that a cheque bounce notice sent by email or WhatsApp is valid if it meets the requirements of the Information Technology Act, 2000.
  
• Without a valid notice, no criminal complaint for cheque bounce can succeed, so the notice is the most important document in the case.

Introduction

If a cheque given to you has bounced, the legal notice is your first and most important step. It gives the drawer a final chance to pay, and it is a legal precondition for filing a criminal case under Section 138 of the Negotiable Instruments Act, 1881.

A small mistake in the notice, such as the wrong amount, a missed deadline or an incorrect address, can make the entire case fail, even if the debt is genuine.

This guide explains who can send the notice, what it must contain, how and when to send it, a ready-to-use format, and what to do after it is sent.

What Is a Cheque Bounce Legal Notice and Why Is It Mandatory?

A cheque bounce legal notice is a written demand, sent by the payee to the drawer, asking for payment of the bounced cheque amount within 15 days. Without it, the offence under Section 138 is not complete and no complaint can be filed.

What the law says

(a) The statute: Clause (b) of the proviso to Section 138 of the NI Act requires the payee to “make a demand for the payment of the said amount of money by giving a notice in writing” to the drawer within 30 days of receiving information from the bank that the cheque was returned unpaid. Clause (c) gives the drawer 15 days from receipt of the notice to pay.

(b) What courts have held: The Supreme Court has held that the offence under Section 138 is complete only after notice is given and the drawer fails to pay within 15 days (K. Bhaskaran v. Sankaran Vaidhyan Balan, 1999). The notice is “given” when it is sent; the 15 days run from when it is received.

(c) Practical advice: Treat the notice as the foundation of your case. Courts examine it strictly, and errors in it usually cannot be fixed later.

The law at a glance

Who Can Send the Notice, and to Whom?

The notice must be sent by the payee or the holder in due course of the cheque, and addressed to the drawer, the person who signed and issued the cheque.

Who sends it

• The payee: the person or business named on the cheque.
• A holder in due course: someone who lawfully received the cheque for value before it bounced.
• An advocate on your behalf: the law does not require an advocate, but most notices are sent through one because the wording and timing matter.
• For a company payee: an authorised officer or advocate, backed by a board resolution or authority letter.

Who receives it

• An individual drawer: at their residential and business addresses.
• A company or firm: at its registered office, addressed to the company. The Supreme Court has held that a separate notice to each director is not required for prosecuting them along with the company (Krishna Texport & Capital Markets Ltd. v. Ila A. Agrawal, 2015). Many advocates still send copies to the managing director and other directors as a precaution.
• A joint account: only the person who signed the cheque can be prosecuted; a joint account holder who did not sign is not liable (Aparna A. Shah v. Sheth Developers, 2013).

What Must a Cheque Bounce Legal Notice Contain?

The notice must clearly identify the cheque, state that it was dishonoured, and demand payment of the exact cheque amount within 15 days of receipt.

Mandatory contents

1. Names and addresses of the payee (sender) and drawer (recipient)
2. Cheque details: number, date, amount (in figures and words), bank and branch
3. The underlying debt: a short statement of why the cheque was given, such as a loan, invoice or rent
4. Presentation and dishonour: date of deposit, date of the return memo and the reason given by the bank
5. The demand: payment of the exact cheque amount within 15 days of receiving the notice
6. The consequence: that criminal proceedings under Section 138 of the NI Act will follow if payment is not made
7. Signature and date of the sender or the advocate

The amount must match the cheque exactly

In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025 INSC 1133), the cheque was for ₹10 lakh but the notice demanded ₹20 lakh. The Supreme Court held that the notice must demand “the very amount of cheque, and none other”, and upheld the quashing of the complaint. It rejected the argument that this was a typing error.

The Court also noted that you may mention other items such as interest, notice charges or legal costs, provided the cheque amount is stated clearly and separately as the sum demanded.

What should not be in the notice

• A demand for a lump sum that mixes the cheque amount with other dues
• A payment period shorter than 15 days
• Threats or defamatory language
• Facts you cannot prove with documents

How to Send a Legal Notice for Cheque Bounce: Step-by-Step

Collect your documents, draft the notice, send it by more than one mode within 30 days, and keep proof of sending and delivery.

Step-by-step process

1. Collect the documents. Get the original cheque and the original return memo from your bank. Note the date you received the memo; your 30-day period starts from that date.
   
2. Gather proof of the debt. Keep invoices, loan agreements, bank transfer records or chats ready. They are not attached to the notice, but you will need them for the complaint.
   
3. Confirm the drawer’s addresses. Use every known address: home, office and registered office for a company. Also note the drawer’s email and mobile number.
   
4. Draft the notice. Include every item listed above, with the exact cheque amount. Have it reviewed by an advocate if possible.
   
5. Sign and date it, and make copies. Keep one signed copy for your records and one for the court file.
   
6. Send it by registered post with acknowledgement due (RPAD) or speed post, to each address. Keep the postal receipts.
   
7. Also send it by email and WhatsApp. Attach a PDF of the signed notice and keep screenshots showing it was sent and delivered.
   
8. Track delivery. Download the India Post tracking report and keep the acknowledgement card, or the returned envelope if the notice comes back.
   
9. Calculate the 15-day period. Count 15 days from the date the drawer received the notice. Your complaint can be filed only after this period ends.
   
10. File the complaint within one month if payment is not made.

Modes of sending compared

(b) What courts have held: In Rajendra v. State of U.P. (2024), the Allahabad High Court held that a demand notice sent by email or WhatsApp is valid because Section 138 requires notice “in writing” but does not fix a mode, and Section 4 of the IT Act treats electronic records as writing. Other High Courts may take a different view.

(c) Practical advice: Do not rely on email or WhatsApp alone. Send the notice by registered post or speed post as well, so you have the benefit of the presumption of service.

Cheque Bounce Legal Notice Format (Sample)

Use the format below as a starting point. Replace every item in square brackets, and have an advocate check it against your facts.

LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

By Registered Post A.D. / Speed Post / Email / WhatsApp

Date: [DD/MM/YYYY]

To,
[Name of drawer]
[Full address]
[For a company: Name of company, through its Managing Director, registered office address]

Subject: Legal notice for dishonour of Cheque No. [number] dated [date] for ₹[amount]

Under instructions from and on behalf of my client, [name of payee], residing at / having its office at [address] (hereinafter “my client”), I serve upon you the following legal notice:

1. That you [describe the transaction, e.g. “purchased goods from my client under Invoice No. [number] dated [date]” / “borrowed a sum of ₹[amount] from my client on [date]”], and you owe my client a legally enforceable debt of ₹[amount].
2. That in discharge of this liability, you issued Cheque No. [number] dated [date] for ₹[amount in figures] (Rupees [amount in words] only), drawn on [bank name], [branch], in favour of my client.
3. That my client presented the said cheque for payment through [payee’s bank and branch] on [date of deposit]. The cheque was returned unpaid with the remark “[reason, e.g. Funds Insufficient]” by return memo dated [date], which my client received on [date].
4. That the dishonour of the said cheque constitutes an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
5. That by this notice, my client calls upon you to pay the said cheque amount of ₹[exact cheque amount] (Rupees [amount in words] only) to my client within 15 days of receipt of this notice.
6. That if you fail to make the said payment within the stipulated period, my client shall be constrained to initiate criminal proceedings against you under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, and such other civil proceedings as may be available, entirely at your risk as to costs and consequences.
7. [Optional: “My client also reserves the right to claim interest at [rate]% per annum and notice charges of ₹[amount], which are separate from and in addition to the cheque amount demanded above.”]

A copy of this notice has been retained in my office for further necessary action.

[Signature]
[Name of Advocate], Advocate
Enrolment No. [number]
[Office address, phone, email]

Note: If you send the notice yourself, change the opening to “I, [your name], hereby serve upon you the following notice” and sign it in your own name.

Deadlines and Timeline for the Legal Notice

The notice must be sent within 30 days of receiving the return memo; the drawer then has 15 days from receipt to pay; and the complaint must be filed within one month after that.

When is the notice treated as received?

• Delivered: on the date of delivery shown in the tracking report or AD card.
  
• Refused or unclaimed: courts presume service if the notice was sent by registered post to the correct address (C.C. Alavi Haji v. Palapetty Muhammed, 2007). The Allahabad High Court has also indicated that, where the date is not stated, a correctly addressed registered letter may be presumed served within 10 days (Rajendra v. State of U.P., 2024).
  
• Email or WhatsApp: on the date it is sent, under Section 13 of the IT Act, as held by the Allahabad High Court.

Missed the 30-day deadline?

If the cheque is still within its 3-month validity, you can re-present it and send a fresh notice within 30 days of the new dishonour. The Supreme Court allowed prosecution on such a later dishonour in MSR Leathers v. S. Palaniappan (2013).

Worked Example: Sending a Notice Correctly

This example shows how to apply the deadlines and contents using real dates.

Anil Kumar lends ₹1,50,000 to his friend Rohit Verma in Lucknow. Rohit gives him Cheque No. 456789 dated 1 August 2026 for ₹1,50,000.

Anil counts the 15 days from the later postal delivery date (17 August), not the WhatsApp date, to be safe. Filing the complaint before the 15 days end would make it premature.

Cost, Documents and What Happens After the Notice Is Sent

Sending a notice costs only postage if you do it yourself; most people pay an advocate a drafting fee. After it is sent, the drawer may pay, reply, or ignore it.

How much does it cost?

• Postage: registered post or speed post charges, usually a small amount per address.
• Advocate’s fee: varies widely by city and the advocate’s experience. Ask for the fee in writing before engaging.
• No court fee is payable for sending a notice. Court fees apply only when you file the complaint.

Documents to keep ready (checklist)

• Original cheque and original return memo
• Signed copy of the notice
• Postal receipts, tracking reports and AD card or returned envelope
• Email and WhatsApp proof, with a Section 63 BSA certificate
• Proof of the debt (invoice, agreement, bank transfers, chats)
• Authority letter or board resolution, if sent for a company

What can happen after the notice

If you have received a notice

If you are the drawer and have received a cheque bounce notice, you have 15 days to pay. Paying in full within this time prevents prosecution. If you dispute the debt, have an advocate send a reply setting out your reasons, because your reply can later help your defence. Ignoring the notice usually leads to a criminal complaint.

Common Mistakes When Sending a Cheque Bounce Notice

Most notice failures come from wrong amounts, missed dates or poor proof of service.

• Demanding the wrong amount. The cheque amount must be stated exactly (Kaveri Plastics, 2025).
• Counting 30 days from the cheque date. The period runs from when you received the return memo.
• Giving less than 15 days to pay. The notice must allow 15 days from receipt.
• Sending to only one address. Use every known address and electronic mode.
• Not keeping the tracking report or AD card. Without proof of sending and delivery, the case is weakened.
• Ignoring part payments. If the drawer paid part of the debt before you presented the cheque, the cheque should reflect the reduced amount; the Supreme Court has held that presenting it for the full amount in such a case may not attract Section 138 (Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, 2022).
• Filing the complaint too early. Wait until the full 15 days after receipt have passed.
• Missing the company. For a company cheque, the notice and complaint must name the company itself.

Key Court Rulings on Cheque Bounce Notices

FAQs

1. How do I send a legal notice for cheque bounce?
Draft a written notice under Section 138 of the NI Act stating the cheque details, the dishonour and a demand for the exact cheque amount within 15 days. Send it to the drawer within 30 days of receiving the return memo, by registered post or speed post, and also by email or WhatsApp. Keep all receipts and tracking reports.

2. Can I send a cheque bounce notice without a lawyer?
Yes. Section 138 only requires a written demand by the payee, and it does not require an advocate. You can draft, sign and send the notice yourself. However, because a wrong amount or missed date can make the whole case fail, many people have an advocate draft or check the notice first.

3. What is the time limit to send a cheque bounce notice?
30 days. The notice must be sent within 30 days from the date you received the bank’s return memo, not from the date written on the cheque. If you miss this deadline but the cheque is still within its 3-month validity, you can re-present it and send a fresh notice after the new dishonour.

4. Is a cheque bounce notice sent on WhatsApp valid?
Yes, according to the Allahabad High Court in Rajendra v. State of U.P. (2024), because Section 138 requires notice in writing but does not prescribe a mode, and the IT Act treats electronic records as writing. Other High Courts may not agree, so it is safest to send the notice by registered post or speed post as well.

5. What if the drawer refuses to accept the notice?
The notice is generally treated as served. The Supreme Court held in C.C. Alavi Haji v. Palapetty Muhammed (2007) that a notice sent by registered post to the correct address is presumed delivered, even if returned “refused” or “unclaimed”. Keep the returned envelope unopened as proof for your complaint.

6. Can I demand interest in a cheque bounce notice?
Yes, but only in addition to the cheque amount, stated separately. In Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul (2025), the Supreme Court held that the notice must demand the exact cheque amount, while interest, notice charges and legal costs may be mentioned separately. A single combined demand can make the notice invalid.

7. Do I need to send a separate notice to company directors?
No. In Krishna Texport & Capital Markets v. Ila A. Agrawal (2015), the Supreme Court held that a notice to the company is enough to prosecute its directors along with the company under Section 141 of the NI Act. Many advocates still send copies to key directors to avoid any later argument.

8. How much does it cost to send a cheque bounce legal notice?
If you send it yourself, the cost is mainly postage for registered post or speed post. If an advocate drafts and sends it, you pay their professional fee, which varies by city and experience. No court fee is payable for a notice; court fees apply only when the complaint is filed.

9. What happens if the drawer does not reply to the notice?
If the drawer neither pays nor replies within 15 days of receiving the notice, the offence under Section 138 becomes complete. You can then file a criminal complaint before the Magistrate within one month. A reply is not required by law, and silence does not stop your complaint.

10. Can I send the notice again if I made a mistake?
Only within the 30-day period. If you discover an error, such as a wrong amount, send a corrected notice before the 30 days from the return memo expire. After that, a fresh notice is possible only if you re-present the cheque within its validity and it bounces again.

Conclusion

To send a valid legal notice for cheque bounce, act quickly and precisely. Collect the original cheque and return memo, draft a notice demanding the exact cheque amount within 15 days, and send it within 30 days by registered post or speed post, along with email or WhatsApp. Keep every receipt and tracking report, and file your complaint within one month if payment does not come. For advice on your specific situation, consult a qualified advocate.