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Free Section 138 NI Act Cheque Dishonour Legal Notice Template

Free Section 138 Negotiable Instruments Act legal notice format for cheque dishonour. Updated for 2026 SC ruling requiring exact amount match. Pro-grade boilerplate vetted by certified domain experts. Use it as a raw document, or automate it in Glomiq to eliminate manual copy-pasting.

Verified Compliance Document
Vetted by: Ashay Shah
GLOMIQ DRAFT
LEGAL NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
Date: [DATE]
To,
[DRAWER_NAME]
[DRAWER_ADDRESS]
[DRAWER_CITY], [DRAWER_STATE] – [DRAWER_PIN]
Through Registered Post / Speed Post
Dear [DRAWER_NAME],
I, [ADVOCATE_NAME], Advocate (Bar Council No. [BAR_COUNCIL_NO]), am writing this notice on behalf of and under instructions from my client [PAYEE_NAME], residing at [PAYEE_ADDRESS] (hereinafter referred to as "my client").
1. ISSUANCE OF CHEQUE
That you issued a cheque bearing No. [CHEQUE_NO], dated [CHEQUE_DATE], drawn on [BANK_NAME], [BRANCH] Branch, in favour of my client, for a sum of ₹[CHEQUE_AMOUNT_FIGURES] (Rupees [CHEQUE_AMOUNT_WORDS] only), towards [REASON_FOR_CHEQUE].
2. PRESENTMENT AND DISHONOUR
That my client presented the said cheque for encashment through their banker. The said cheque was returned unpaid on [DISHONOUR_DATE] vide dishonour memo / cheque return memo bearing reference No. [DISHONOUR_MEMO_NO] with the remark "[REASON_FOR_DISHONOUR]".
3. DEMAND
In view of the aforesaid dishonour, my client hereby demands that you pay a sum of ₹[CHEQUE_AMOUNT_FIGURES] (Rupees [CHEQUE_AMOUNT_WORDS] only), being the exact amount of the said cheque, within FIFTEEN (15) days from the date of receipt of this notice.
4. CONSEQUENCES OF NON-PAYMENT
If you fail to make the payment of ₹[CHEQUE_AMOUNT_FIGURES] (Rupees [CHEQUE_AMOUNT_WORDS] only) within the said 15-day period, my client shall be constrained to initiate criminal proceedings against you under Section 138 of the Negotiable Instruments Act, 1881, read with Section 142 thereof, without any further notice, at your risk, cost, and consequences.
Please treat this notice as a legal demand and govern yourself accordingly.
Yours faithfully,
[ADVOCATE_NAME]
Advocate
[ADVOCATE_ADDRESS]
[ADVOCATE_PHONE]
[ADVOCATE_EMAIL]
Copy to: [PAYEE_NAME]

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Expert Drafting Guide & Clause Commentary

Compiled by Ashay Shah. Critical checkpoints before finalizing this document.

1Standard Terms and Definitions
Clause Context:

Defines the main terms used throughout the document.

Negotiating Tip:

Ensure definitions are consistently used across all sections to avoid conflicting interpretations.

2Governing Law and Jurisdiction
Clause Context:

Determines which courts will settle disputes.

Negotiating Tip:

Set the governing law to your local jurisdiction to minimize travel and legal overhead in the event of a dispute.

Compliance Watchouts

  • Review all placeholders carefully before signing.
  • Consult a professional advisor if editing core clauses.
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Ashay Shah (Founder, Glomiq)

Ashay is the founder of Glomiq. He is passionate about reducing administrative overhead for Indian professionals. Prior to Glomiq, Ashay spent 6 years leading engineering and product teams building automated document infrastructure and SaaS systems.

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