By Delhi Law Advocates | Simple Commercial & Criminal Law Guides
If a cheque given to you has bounced, sending a Legal Demand Notice is the mandatory first step before you can take the person to court. However, many people make simple mistakes during this step, which causes the court to dismiss their case.
Under Section 138 of the Negotiable Instruments Act, 1881, following the correct notice procedure is essential to recover your money.
At Delhi Law Advocates, we handle cheque bounce cases, debt recovery, and trial litigation across the Supreme Court of India, the Delhi High Court, and all District Courts (including Dwarka, Saket, Rohini, Patiala House, and Tis Hazari). Here are the 5 biggest mistakes you must avoid when sending a cheque bounce notice.
The 5 Biggest Notice Mistakes
- Waiting Too Long: You must send the notice within 30 days of getting the bank return memo. If you send it on the 31st day, you cannot file a 138 case.
- Mixing Up the Amount: You must demand the exact cheque amount clearly. If you add interest and extra fees without showing the cheque amount separately, the notice becomes invalid.
- Sending to the Wrong Address: Always send the notice to the correct and latest address of the person who signed the cheque.
- Not Keeping Postal Receipts: Always send the notice via Speed Post or Registered Post, and keep the original postal receipt and online tracking report safe.
- Filing the Case Too Early: The law gives the person 15 days from receiving the notice to pay. If you file the case before these 15 days are over, the judge will reject your complaint.
To read official central acts, visit the India Code Legislative Portal and the Supreme Court of India Portal.
How to Protect Your Money
Getting your legal notice drafted properly ensures you do not waste time or money in court. If you need assistance with a bounced cheque in Delhi NCR, contact our team for professional guidance.
Consult Our Commercial & Cheque Bounce Team
Delhi Law Advocates
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Simple Guides to Other Legal Topics:
- 30-Day Notice Clock: Read our guide on Cheque Bounced 30-Day Clock Rules.
- Multiple Cheques From One Deal: Read our guide on Multiple Bounced Cheques Same Transaction Rules.
- “No Debt” Defense Rules: Learn about Why “There Was No Debt” Fails at Quashing Stage.
- Security Cheque Defense: Read our practical guide on Misused Security Cheque Defense Under Section 138 NI Act.
- Pre-Arrest Bail Process: Read our explainer on How to Get Anticipatory Bail Under Section 482 BNSS.