Filing timeline for a case under Section 138 of the Negotiable Instruments Act, 1881
This is the short and simplest filing timeline of case under Scetion 138 of NI Act 1881
Step |
Time Limit |
Cheque presented to bank |
Within 3 months from cheque
date |
Cheque dishonoured |
Date of dishonour noted |
Legal notice to drawer |
Within 30 days of receiving
bank memo |
Wait for payment |
15 days from receipt of legal notice |
Cause of action arises |
After expiry of 15 days from
notice |
Filing of complaint |
Within 1 month from cause
of action |
Example:
Suppose:
-
Cheque Date: 1st March 2025
-
Cheque presented: 10th March 2025
-
Cheque dishonoured: 12th March 2025
-
Bank returns memo: 13th March 2025
-
Legal notice sent: 25th March 2025 (within 30 days)
-
Notice received by drawer: 27th March 2025
-
15 days wait ends: 11th April 2025
-
Cause of action arises: 12th April 2025
-
Complaint must be filed by: 11th May 2025 (within 1 month)
Timeline Table (Infographic Style)
Stage |
Action/Deadline |
Remarks |
🗓️ Cheque Issued |
— |
Dated cheque (e.g., 1st March) |
🏦 Cheque Presented |
Within 3 months of cheque
date |
Present to bank |
❌ Cheque Dishonoured |
Bank returns with
"insufficient funds", etc. |
Bank memo issued |
📬 Legal Notice to Drawer |
Within 30 days of dishonour |
Demand for payment |
⏳ Wait Period After Notice |
15 days from receipt of notice |
Time given to drawer to pay |
⚖️ Cause of Action Arises |
After expiry of 15 days |
If no payment made |
📝 Complaint Filing |
Within 1 month of cause of
action |
File u/s 138 NI Act |
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