Answer By law4u team
In India, the time limit for sending a legal notice after a cheque bounce is governed by Section 138 of the Negotiable Instruments Act, 1881. Time Limit for Sending Legal Notice: Within 30 Days of Receiving the Return Memo: After the cheque is dishonored (bounced), the payee (the person to whom the cheque was issued) must send a legal notice to the drawer (the person who issued the cheque) within 30 days from the date of receipt of the cheque return memo or Cheque Return Slip from the bank. This notice informs the drawer that the cheque has bounced due to insufficient funds or any other reason and demands the payment of the amount mentioned in the cheque. Time Limit for Payment: After the notice is sent, the drawer has 15 days from the date of receipt of the notice to make the payment of the cheque amount to the payee. If Payment is Not Made: If the drawer fails to make the payment within 15 days from the receipt of the notice, the payee can file a criminal complaint under Section 138 of the Negotiable Instruments Act within one month from the expiration of the 15-day period. This complaint can be filed in the Magistrate Court having jurisdiction over the matter. Summary: Legal Notice: Must be sent within 30 days from the receipt of the cheque return memo. Payment Deadline: The drawer has 15 days to make the payment after receiving the legal notice. Filing a Complaint: If payment is not made within 15 days, the payee can file a criminal complaint within one month from the expiration of the 15-day period. It is important to strictly adhere to these time limits, as failure to do so may result in the loss of the right to take legal action.
