138 Limitation Calculator: Section 138 NI Act Cheque Bounce Timeline
Use your own assumptions to calculate notice, payment, and complaint planning windows from entered dates before deciding the next operational step.
Free Section 138 NI Act limitation calculator for India. Enter the cheque date and the date you got the bank's return memo to see how long the cheque stays valid, the last day for the 30-day demand notice, the drawer's 15-day payment window, and the one-month deadline to file the complaint under section 142(1)(b).
Confirm the factual trigger and enter the bank-information date to view the planning timeline.
Method and sources
Builds the Section 138 notice, payment, and complaint sequence from the entered bank-information and service dates; service disputes and court holidays are not resolved here.
How to calculate the limitation period in a Section 138 NI Act case
Example (illustrative dates): a cheque dated 1 June 2026 is presented on 15 June 2026 and returned unpaid. The bank's return memo reaches you on 18 June 2026. You serve the notice and the drawer receives it on 25 June 2026.
| Step | Rule | Date in the example |
|---|---|---|
| 1. Present the cheque | Within 3 months of the cheque date (RBI) or the validity on the cheque, whichever is earlier | By 31 August 2026 (presented 15 June) |
| 2. Send the demand notice | In writing within 30 days of receiving the bank's information of dishonour, §138(b) | By 18 July 2026 |
| 3. Drawer's payment window | 15 days from receipt of the notice, §138(c) | Ends 10 July 2026 |
| 4. Cause of action | Arises when the drawer fails to pay within those 15 days | 11 July 2026 |
| 5. File the complaint | Within one month of the cause of action, §142(1)(b) | By 11 August 2026 |
Enter these dates above to reproduce the table. The tool counts one calendar month for the complaint, not 30 days.
Filing late: the proviso to Section 142(1)(b)
A court may take cognizance of a complaint filed after the one-month period if the complainant satisfies it that there was sufficient cause for not filing within that period. Entering a filing date above shows how many days after the deadline it falls, which is the delay you would have to explain. The decision is the court's, so do not plan around it.
For limitation under other laws, for example a civil suit to recover the cheque amount or condonation under section 5 of the Limitation Act, use the general limitation calculator . It does not model Section 138 as a chain.
Frequently asked questions
More questions
From which date does the 30-day notice period start?
From the date you receive information from the bank that the cheque has been returned unpaid — usually the date on the bank's return memo / dishonour advice, not the cheque date itself.
Is the complaint window 30 days or one month?
One month. Section 142(1)(b) uses one month from the date the cause of action arises, and this tool applies one calendar month from the cause-of-action date, not 30 days.
Can a Section 138 complaint be filed after the one-month period?
The proviso to section 142(1)(b) lets the court take cognizance after the period if the complainant shows sufficient cause for the delay. It is discretionary, so treat the one-month date as the deadline. Enter a filing date above to see the days of delay.
What happens if the drawer pays within the 15-day window?
No cause of action arises under §138 and no complaint can be filed — the matter is treated as resolved for the purposes of the criminal complaint.
Is this the same as the civil limitation period to recover the money?
No. A civil suit to recover the amount has its own period under the Limitation Act, 1963. Use the limitation calculator for that. The Section 138 deadlines here apply only to the criminal complaint.
Does this account for postal delays in serving the notice?
No. Enter the actual or legally deemed service date after reviewing the delivery evidence. The tool does not infer service from posting.
Related tools & reading
Reviewed 2026-09-14. India Code