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LegalClue
B004🏦 Banking & FinanceReply draft

Someone's cheque to me bounced — how to recover

What you need to know

You must send legal notice within 30 days of bank dishonour memo. If payment not made within 15 days of notice, file criminal complaint in Magistrate Court. Imprisonment up to 2 years.

Your rights

1

Send legal notice within 30 days of dishonour

2

File criminal complaint if not paid within 15 days of notice

3

Recover cheque amount with damages via court

4

Civil suit for recovery if criminal route not used

What you should do now

Action first
1

Send legal notice within 30 days of bank return memo

  • Use the notice draft in this app
  • Send by registered post — keep acknowledgment
  • 30-day deadline from dishonour date is mandatory — missing it kills your case
2

Wait 15 days after notice

  • If they pay within 15 days of receiving your notice — matter closed
  • If not paid — you now have right to file criminal case
3

File criminal complaint in Magistrate Court

  • File within 30 days of 15-day notice period expiring
  • Court can order imprisonment up to 2 years + fine up to double the cheque amount

Acts applicable

Negotiable Instruments Act 1881

central

Section 138 — Recovery procedure for dishonoured cheque

Where to complain

Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.