Section 138 of the Negotiable Instruments Act, 1881 makes the dishonour of a cheque, issued for a legally enforceable debt, a criminal offence. But the remedy is available only if strict timelines are followed.

  1. Presentation: present the cheque to the bank within its validity period, which is three months from the date on the cheque.
  2. Notice: send a written demand notice to the drawer within 30 days of receiving the bank's return memo.
  3. Payment window: the drawer has 15 days from receiving the notice to pay the amount.
  4. Complaint: if payment is not made, file the complaint within one month after the 15-day period ends.

Keep the original cheque, the return memo, a copy of the notice and the postal or courier receipts safely; they are the core evidence of your case. The offence is punishable with imprisonment of up to two years, a fine of up to twice the cheque amount, or both, and the court may order interim compensation of up to 20% under Section 143A.