Section 138 limitation calculator
Work out every deadline in a cheque bounce case: the cheque's validity, the 30-day demand notice, the drawer's 15 days to pay, and the one-month window to file the complaint.
Your deadlines
For planning only, not legal advice. Dates are counted under Section 9 of the General Clauses Act (the first day is excluded). Confirm every date with your advocate, especially if the notice was refused, returned unclaimed, or delivery is disputed. Nothing you enter leaves your browser.
How the dates are counted
Four statutory clocks, each started by the one before.
A Section 138 case under the Negotiable Instruments Act 1881 runs on a fixed chain. Each window starts from an event in the previous step, so one wrong date early on moves every deadline after it.
| Step | Time limit | Counted from | Source |
|---|---|---|---|
| Present the cheque | Within 3 months of the cheque date | Date written on the cheque | Section 138 proviso (a); RBI validity rule, 2012 |
| Send the demand notice | Within 30 days | Receipt of the bank's return memo | Section 138 proviso (b) |
| Drawer pays | Within 15 days | Drawer's receipt of the notice | Section 138 proviso (c) |
| File the complaint | Within 1 month | Day the cause of action arises (16th day) | Section 142(1)(b); Saketh India (1999) |
A worked example
- Return memo received on 2 March. The notice must go out by 1 April.
- The drawer receives the notice on 10 March. Their 15 days end on 25 March.
- No payment arrives, so the cause of action arises on 26 March.
- Excluding 26 March, the complaint must be filed by 26 April.
Where these dates usually go wrong
- The 15 days run from when the drawer received the notice, not from when you sent it.
- The filing window is one calendar month, not a fixed 30 days.
- A notice that comes back refused or unclaimed may still count as served. Ask your advocate which date to use.
- With dozens of cases open, the risk is not the arithmetic but a date nobody was watching.
Questions
Section 138 time limits, answered.
What is the limitation period for filing a cheque bounce case?
The complaint must be filed within one month of the date the cause of action arises, under Section 142(1)(b) of the Negotiable Instruments Act. The cause of action arises the day after the drawer's 15-day payment window ends. The Supreme Court held in Saketh India v. India Securities (1999) that the day the cause of action arises is excluded when counting the month.
How many days do you have to send a cheque bounce notice?
30 days from the date you receive information from the bank that the cheque was returned unpaid, usually the date you get the return memo. The notice must be in writing and demand payment of the cheque amount.
When does the cause of action arise under Section 138?
On the day after the 15-day period expires. The drawer has 15 days from receiving the demand notice to pay. If they do not, the offence is complete on the 16th day, and the one-month window to file the complaint starts from there.
Can a Section 138 complaint be filed after one month?
Yes, but only with the court's permission. The proviso to Section 142(1)(b) allows a court to take cognisance of a late complaint if the complainant shows sufficient cause for not filing in time. That is decided case by case, so it is safer to file within the month.
How long is a cheque valid in India?
Three months from the date written on it. The Reserve Bank of India cut validity from six months to three months with effect from 1 April 2012. A cheque presented after that is stale, and its dishonour cannot found a Section 138 case.
The same deadline rules, computed for every case, with reminders before each window closes and an audit log.
Read the case studyWhy a spreadsheet fails at statutory dates, and how a deadline engine, reminders and an append-only log fix it.
Read the articleTracking more than a handful of cheque bounce cases?
We built a Section 138 case manager that computes these dates for every case, reminds the case owner before each window closes, and keeps an audit log. Tell us how your team tracks cases today.