Made under: Proviso (b) to s.138, NI Act, 1881

चेक बाउंस पर माँग-नोटिस — धारा 138 प.लि. अधिनियम की तीस दिन वाली सूचना

This draft in English

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For a company's cheque, name the company and also the director who signed — s.141.

The address where he resides or carries on business. The notice has to be served there.

Exactly as it appears on your Aadhaar or ID.

Section 138 applies only to a legally enforceable debt or liability. A loan, an invoice, rent, the price of goods — say which, with dates.

Proviso (a) to s.138: it must be presented within six months of the date it is drawn, or within its validity, whichever is earlier. In practice that is three months — under an RBI circular, banks have not paid cheques presented more than three months after their date since 1 April 2012.

The thirty days are counted from this information — proviso (b) to s.138.

Copy it exactly as printed — 'funds insufficient', 'exceeds arrangement', and so on.

The document

What to attach

  • A photocopy of the dishonoured cheque, both sides.
  • The bank's return memo — keep the original, send a copy. Under s.146 that slip is prima facie evidence of the dishonour.
  • Proof of the debt or liability the cheque was given for: the invoice, the agreement, the ledger, a bank statement. Section 138 reaches only a legally enforceable liability.
  • The registered-post receipt and tracking, and a copy of the notice itself. That is what proves service with the complaint, and the fifteen days run from that receipt.
  • If the notice comes back, keep the envelope unopened. A refused notice counts as served — do not throw it away.