Answer By law4u team
Time to Send Notice
Under Section 138 of the Negotiable Instruments Act, 1881, the time limits for sending a notice in case of a bounced check are as follows:
1. Within 30 Days of Check Bounce:
After the check is returned unpaid by the bank, you have 30 days to send a legal notice to the drawer. This notice should demand payment of the bounced check amount along with any applicable charges.
2. 15 Days to Make Payment:
The drawer has 15 days from the receipt of the notice to make the payment. If the drawer does not make the payment within this period, legal action can be initiated.
3. One Month for Filing Complaint:
If the drawer fails to make the payment within the 15-day period, you must file a criminal complaint under Section 138 within one month from the expiry of the 15-day period.
Summary
You must send a legal notice within 30 days of the check bouncing. The drawer has 15 days to make the payment after receiving the notice. If the payment is not made, file a complaint within one month from the end of the 15-day period.
