A cheque bounce prosecution looks simple on paper and rarely is in practice. The statute sets three hard deadlines, and a complaint that misses any of them is liable to be dismissed at the threshold, regardless of the merits of the underlying debt.
Step one: the dishonour memo
The cause of action begins when the bank returns the cheque. The memo issued by the drawee bank fixes the date from which the thirty-day notice period runs, and it is the single document most often missing from a poorly prepared complaint.
Step two: statutory notice
The payee must issue a written demand within thirty days of receiving information about the dishonour. Courts have consistently held that the notice must call for payment of the cheque amount specifically, not a consolidated running account balance.
Step three: the fifteen-day window
The drawer gets fifteen days from receipt of the notice to pay. Only when that window closes without payment does the offence complete, and the complaint must then be filed within one month.
The presumption under Section 139 does the payee's work at trial; the procedural calendar does it before trial ever begins.
Where complaints fail
In practice, most dismissals turn on three recurring defects: a notice sent to a stale address, an averment against company directors that does not state their role in the conduct of business, and a delay in filing that is not accompanied by a condonation application.
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