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



Filing timeline for a case under Section 138 of the Negotiable Instruments Act
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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