Section 138 NI Act
Pre-Filing Checklist

Was the cheque given for a legally enforceable debt or liability (not as a gift, deposit, or security for a void contract)?

S.138 applies only to cheques given in discharge of a debt or other liability.

Did the bank return the cheque unpaid (dishonour) due to insufficient funds, account closed, or a similar reason?

Stop payment by drawer = valid; dishonour for technical reasons (wrong date, unsigned) = may not qualify.

Do you have the bank's dishonour memo (cheque return memo) with the date of dishonour?

This is your key evidence. All limitation periods are calculated from this date.

Did you receive the dishonour memo within the last 30 days, and have you already sent (or are you sending today) a written demand notice to the drawer?

Demand notice MUST be sent within 30 days of receiving the bank memo (S.138(b)).

Is the demand notice being sent via Registered Post with Acknowledgement Due (RPAD) or Speed Post to the drawer's last known address?

WhatsApp / email alone is insufficient in most courts. Keep the postal receipt as evidence.

Does the demand notice mention the exact cheque number, date, bank name, branch, and amount (in figures and words)?

Any discrepancy between the notice and the actual cheque can be exploited by the drawer.

Has the drawer failed to pay the cheque amount within 15 days of receiving the demand notice?

If they pay within 15 days, the offence under S.138 is not made out. You must wait 15 days before filing.

Are you filing the complaint within 30 days of the expiry of the 15-day notice period (i.e., within the S.142 limitation window)?

S.142: Complaint must be filed within 1 month of the date cause of action arose (= day after 15-day period ends). Courts may condone delay, but do not rely on this.

If the drawer is a company / LLP / partnership, are you naming the responsible signatory/officer in the complaint (in addition to the entity)?

S.141: For company/LLP offences, every person in charge at the time of offence is also personally liable. Include them in the complaint.

Is the complaint being filed in the correct court — where the cheque-issuing bank's branch is located?

Post-2015 amendment: jurisdiction is with the court in whose area the bank branch on which the cheque was drawn is located.

Do you have all required documents ready: original dishonoured cheque, bank memo, demand notice copy, postal receipt, and AD card (if returned)?

These are the essential exhibits for the complaint. Keep originals safe — courts may ask for them.

Are you (the complainant) the payee or the holder in due course of the cheque?

Only the payee or a holder in due course can file a S.138 complaint. A third party who purchased the debt cannot file directly.