Cheque returned unpaid: build the evidence chronology before counting dates

A return memo is the beginning of the file

A dishonoured cheque does not, by itself, answer every question under section 138 of the Negotiable Instruments Act. Keep the cheque details, the bank's return memo and the records explaining the underlying transaction together. The source provision concerns a legally enforceable debt or other liability; a description such as “security cheque” or “friendly loan” is not a substitute for examining the facts and current law.

Separate the events that matter

Record the cheque date, presentation date, the date information about its return was received, the demand notice date, and evidence about receipt of that notice. Add payments or replies as separate events. Do not silently replace an unknown delivery date with the date typed on a letter.

Section 138's proviso distinguishes presentation within the applicable validity period, a written demand within thirty days after receipt of information from the bank about the return, and non-payment within fifteen days of receipt of the notice. These stages use different triggers. Section 142(1)(b) deals with the complaint period of one month after the cause of action under section 138(c), with a proviso concerning sufficient cause for delay. “One month” should not casually be rewritten as “thirty days”. Actual computation requires the applicable law and facts.

Match each fact to evidence

For the underlying liability, identify agreements, invoices, delivery records, account statements or other relevant correspondence. Record what each document tends to show and what remains disputed. Avoid describing an allegation as an admitted fact.

For the cheque and return, preserve the instrument details and bank memo. Note whether the record is an original, bank-issued copy or an unverified image. For the demand and service, retain the notice, dispatch receipt, tracking history, acknowledgement and any returned envelope. A tracking screenshot may be useful evidence, but its legal effect must be assessed in context.

Example: dispatch and receipt are different

Suppose a notice bears one date, the postal receipt another, and tracking records a later delivery. Make three chronology entries with the relevant page references. If receipt is disputed, label that uncertainty and retain the material supporting each account. A neat timeline should reveal the dispute, not make it disappear.

Use the organiser without inventing a deadline

Add one event per material step. Put the supporting page in the document field and the unresolved issue in the question field. Export the chronology and take it with the documents for legal advice. The organiser intentionally does not announce a “last filing date”: service disputes, banking validity requirements, computation rules and judicial interpretation can affect the answer.

This guide does not determine criminal liability, select the proper court, approve a notice or promise recovery. Check the complete current Act and applicable decisions before acting. If a notice or complaint is already pending, obtain advice promptly rather than relying on a general example.