A cheque returned unpaid is not, by itself, a criminal case. The Negotiable Instruments Act, 1881, section 138, builds a short and unforgiving sequence: presentation within the validity of the instrument, a return memo, a demand notice within thirty days of learning of the return, fifteen days for the drawer to pay, and a complaint within thirty days of the default.
The notice must demand the cheque amount. A notice that lectures, threatens, or claims a different figure is an invitation to a technical defence. Service must be capable of proof — registered post with tracking, or a method the court of the district will accept.
Keep the original cheque, the return memo, the notice, the postal receipt, and the tracking printout in one folder. WhatsApp photographs of a cheque are not a substitute for the instrument.
This note is general information on a well-worn statute. It is not advice on any live complaint or defence.
General information under Indian law. Not an opinion, not a retainer, not a substitute for a conference on your papers.