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ResearchIyer Textiles — cheque dishonour

A cheque dated 10 July 2026 was dishonoured on 16 July 2026. The demand notice was delivered on 6 August 2026 and no payment was made. By what date must the complaint under Section 138 be filed?

Steps taken

Understanding the question — limitation under s.138 NI Act
Searching judgments and statutes — s.138 notice period, cause of action→ 18 passages from 11 sources
Reading the judgment — IFCI Factors Ltd v. State (NCT of Delhi)
Checking citations→ every citation resolved to its passage
Writing the answer

Step-by-Step Calculation

Date of Dishonour — Cheque dishonoured on: 16 July 2026

Demand Notice — Notice must be sent within 30 days of receiving information of dishonour [1]. Here, the demand notice was delivered on: 6 August 2026

15 Days for Payment — The drawer has 15 days from the date of receipt of the notice to make payment [2]. 6 August 2026 + 15 days = 21 August 2026

Cause of Action — Cause of action arises if payment is not made within 15 days of receipt of notice [17]. So, cause of action arises on: 22 August 2026 (the day after the 15-day period expires).

Limitation for Filing Complaint — Complaint must be filed within one month from the date on which the cause of action arises [5]. One month from 22 August 2026 is 22 September 2026.

The complaint under Section 138 of the Negotiable Instruments Act, 1881 must be filed on or before 22 September 2026.

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As cited

[1][2]

The Negotiable Instruments Act, 1881

s.138: Dishonour of cheque for insufficiency, etc

S. 138, NIA

Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid…

[17]

IFCI Factors Ltd v. State of NCT of Delhi & Ors

CRL.M.C./4438/2014

Delhi High Court · 2014

The cause of action to file a complaint accrues to a complainant/ payee/ holder of a cheque in due course if: … (c) if the drawer has failed to pay the cheque amount within fifteen days of receipt of such notice.

[5]

Kaiser Raja v. The State of Jharkhand

Cr.M.P./1135/2022

Jharkhand High Court · 2025

Under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, the complainant being the payee of the cheque was supposed to make a demand for payment of the said amount of money by giving a notice in writing to the drawer of the cheque…

[17]

IFCI Factors Ltd v. State of NCT of Delhi & Ors

CRL.M.C./4438/2014

Delhi High Court · 2014

Real Lexarna output on an invented cheque matter. The sources are the judgments and sections the answer actually relied on.

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Research

Every citation opens at the paragraph it relies on.

Ask in plain words. The answer draws on the Supreme Court, the High Courts and your own case file, and each numbered citation opens the source at the passage it cites.

Research · Rohit Mehra v. State (NCT of Delhi)

Does the FIR against our client fall within any Bhajan Lal category for quashing?

Yes. Category (1) is the stronger ground; category (7) is arguable.

In State of Haryana v. Bhajan Lal the Supreme Court set out the categories in which an FIR may be quashedsource 1. Read at face value, this FIR describes an unpaid balance under a supply contract, not the dishonest inducement that cheating under Section 318 BNS requiressource 2.

Courts use this power sparinglysource 1, so lead with category (1) in the petition under Section 528 BNSS.

State of Haryana v. Bhajan Lal

Supreme Court of India · 1992 Supp (1) SCC 335

Para 102· opened from citation 1

… we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice …

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

…

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Para 103

We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases …

Illustrative matter. The passages are quoted from the Supreme Court's judgment.

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Draft · anticipatory bail application

IN THE COURT OF THE SESSIONS JUDGE
SOUTH DISTRICT, SAKET COURTS, NEW DELHI

Anticipatory Bail Application No. ____ of 2026

Rohit Mehra… Applicant

versus

State (NCT of Delhi)… Respondent

FIR No. 214/2025 · PS Saket · under Section 318(4) BNS

APPLICATION UNDER ~~SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973~~ SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR THE GRANT OF ANTICIPATORY BAIL

MOST RESPECTFULLY SHOWETH:

A. That the dispute between the parties arises out of a supply contract and is civil in nature; a suit for recovery on the same transaction is already pending.

Checked against court format

Cause title
Parties named the same way throughout
Grounds lettered A, B, C
Prayer
Verification

Corrected: law for the date

s. 438 CrPC → s. 482 BNSS

The FIR was registered on 11 Apr 2025, after the BNSS came into force on 1 Jul 2024. Only this line was changed.

Illustrative parties and FIR.

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Lexarna compares every statement, date and place across the case file and flags where witnesses, the FIR and the chargesheet disagree. Ask for a closer check before you rely on a flag in cross-examination.

Contradictions · State v. Verma

PW-2, Suresh Yadav· Deposition, page 4

“I was at the tea stall in Sector 14 market when the accused arrived at about 9:45 pm and started arguing with the deceased.”

PW-3, Anil Kumar· Deposition, page 2

“Suresh was already standing at the tea stall when the accused came there around 10:30 pm.”

When the accused arrivedConfirmed contradiction
PW-2 puts it at about 9:45 pm; PW-3 at around 10:30 pm. The two accounts are 45 minutes apart.
Place of the incidentFlagged for review
The chargesheet names Sector 12 market; the FIR and PW-2 say Sector 14.

Illustrative matter.

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