General information — advocate review pending. These short overviews identify practical preparation steps and limited source checks. They do not resolve your case or replace individual legal advice.
Cheque-bounce procedure under Section 138 — Research Brief
Understand cheque-demand notice, payment and complaint periods, with an evidence checklist and scope limits. Advocate review pending.
Hypothetical example; not a reported case or a predicted outcome.
A cheque is returned unpaid, but the bank information and demand notice are received on different dates. Put each date and its proof in separate rows for review. Do not calculate every period from the printed bank-memo date.
Short answer
Section 138 concerns dishonoured cheques issued for a legally enforceable debt or liability. Its notice and payment requirements are separate from filing a court complaint; a returned cheque alone does not establish every requirement.
Practical preparation
Preserve the cheque, bank return memo, underlying agreement or invoice, and evidence of the debt. Record when bank information was received.
The written demand must be made within 30 days of receiving bank information about dishonour. The drawer then has 15 days from receipt of that notice to pay. Keep service evidence.
Section 142 provides a one-month complaint period from the relevant cause of action, with a sufficient-cause exception for delay. Ask an advocate to calculate actual dates and confirm jurisdiction and cheque validity.
Scope and limits
One month is not a universal 30-day period. This overview does not determine service disputes, bank validity, territorial jurisdiction or defences in your case.
