Legislation checked · 26 June 2026 Not yet advocate-reviewed Execution steps not yet documented

Drafted by:: Lekha editorial team
Version:: v0.1
Last checked against current law:: 15 May 2026
Next scheduled review:: 15 November 2026

Statutory sources (2)

Code of Civil Procedure, 1908Official statuteofficial source
Arbitration and Conciliation Act, 1996Official statuteofficial source

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Generate a Legal Notice under Section 138 NI Act for India, free. Demand notice for cheque dishonour under Section 138 Negotiable Instruments Act 1881 with 15-day demand period Fill a guided online form and download as PDF or DOCX — no signup, no watermark, no cost.

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Payee/Claimant Details

Payee Name/Company *

Payee Address *

Payee Phone

Payee Email *

Advocate Name

Advocate Address

Advocate Email

Drawer/Accused Details

Drawer Name (Cheque Issuer) *

Drawer Address *

Drawer Phone

Drawer Email

Cheque Details

Cheque Number *

Cheque Amount (₹) *

Cheque Date *

Bank Name *

Bank Branch *

Date Cheque Presented for Clearance *

Date of Dishonour *

Reason for Dishonour (per bank memo) *

Other Reason (if applicable)

Transaction Details

Purpose of Cheque/Transaction *

Details of Transaction *

Agreed Terms at Time of Cheque

Demand Details

Date of This Demand Notice *

Total Amount Demanded (₹) *

Interest Details (if any)

Demand Period (days from notice receipt) *

Notice Delivery Method *

Legal Notice Details

Governing Law *

Bank Memo/Return Letter Attached *

21 required fields left.

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LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

Date of Notice
Payee
Drawer (Accused)
Cheque Details: ₹ , Cheque No.

TO: Email: Dear Sir/Madam, Please take notice that...

INTRODUCTION. This is a formal legal notice under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") issued by (the "Payee") against (the "Drawer") demanding payment of a dishonoured cheque within days from the date of receipt of this notice.

CHEQUE DETAILS. A cheque was issued by the Drawer to the Payee with the following particulars:

Cheque Number
Cheque Date
Amount: ₹
Bank: ,
Presented Date
Dishonour Date

TRANSACTION BACKGROUND. The cheque was issued as payment for the following transaction: . Details:

Agreed Terms:

DISHONOUR OF CHEQUE. The cheque was presented for clearance on but was dishonoured by the bank on . The reason for dishonour, as per the bank's return memo, is: . A copy of the dishonour memo is attached as Exhibit A.

THE OFFENSE. By issuing a cheque knowing that there are insufficient funds in the account or for other reasons, the Drawer has committed the offense under Section 138 of the Negotiable Instruments Act, 1881. This is a criminal offense punishable with imprisonment up to 2 years and/or a fine up to twice the amount of the cheque.

DEMAND FOR PAYMENT. The Payee hereby demands that the Drawer pay the amount of ₹ (Rupees being the cheque amount plus interest as detailed below) within (NaN) days from the date of receipt of this notice.

Interest Calculation:

MODE OF PAYMENT. Payment shall be made by way of demand draft, bank transfer, or cheque (at the risk of the Drawer) to the following account:

Payee
Address
Email

DEADLINE. The Drawer must make payment within days from the date of receipt of this notice. This period is in compliance with Section 138(b) of the Act, which provides a 15-day grace period from the date the Drawer receives notice of dishonour from the bank or the payee.

CONSEQUENCES OF NON-PAYMENT

If the Drawer fails to make payment within the specified period, the Payee shall initiate criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, which may result in:

Criminal prosecution in the Magistrate's Court
Imprisonment of up to 2 years
Fine of up to twice the cheque amount (i.e., ₹ NaN)
Civil action for recovery of the amount due
Recovery of legal costs and advocate fees
Damage to credit reputation and creditworthiness

CRIMINAL COMPLAINT. If payment is not received within the specified period, the Payee shall file a criminal complaint with the police and also file a case before the Magistrate under Section 138 of the NI Act. The Drawer shall be liable for all costs associated with such proceedings.

PRESERVATION OF EVIDENCE. The Drawer is hereby directed to preserve all documents, cheque stubs, bank statements, and records relating to this cheque and the underlying transaction, as they may be required as evidence in the criminal case.

PROOF OF PRESENTATION. The Payee shall, at the time of filing the criminal complaint, produce the dishonoured cheque, the bank's return memo, and proof of presentation to establish the offense.

JURISDICTION AND VENUE. The complaint shall be filed before the Magistrate having jurisdiction over the area where the Drawer resides or where the cheque was presented for clearance.

NOTICE TO DRAWER. The Drawer is hereby put on notice that non-compliance with this demand within the specified period will result in immediate criminal proceedings without any further notice or warning.

CONTACT FOR PAYMENT AND CORRESPONDENCE: Email:

Counsel for the Payee: Email:

This notice is issued on in accordance with Section 138 of the Negotiable Instruments Act, 1881. Payment must be received within days from the date of receipt of this notice. This notice is being sent via email and courier. Yours Sincerely, (Payee)

ENCLOSURES: - Original Cheque (or photocopy) - Bank Return Memo/Dishonour Slip - Proof of Presentation - Invoice/Receipt (if applicable) - Prior Correspondence

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Legal Notice under Section 138 NI Act

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Frequently asked questions

Payee/Claimant Details

Drawer/Accused Details

Cheque Details

Transaction Details

Demand Details

Legal Notice Details

📎Attachments

Connected legal intelligence

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