A cheque for ₹10 lakh issued by R to P was returned unpaid by R's bank on 1 June for insufficiency of funds, and P received intimation from his bank on 3 June. P served a statutory notice on R on 20 June, but R did not pay. Under Section 138 of the Negotiable Instruments Act 1881, when can P maintain a criminal complaint against R?

Section 138 of the Negotiable Instruments Act 1881 penalises the dishonour of a cheque for insufficiency of funds or where the amount exceeds the arrangement with the bank. The payee must make a written demand by notice to the drawer within thirty days of receipt of information from the bank regarding the return of the cheque; P's notice of 20 June was within thirty days of the intimation received on 3 June. The drawer commits the offence if he fails to pay within fifteen days of receipt of the notice, and the complaint must be filed within one month of the expiry of that fifteen-day period. A complaint is therefore maintainable only after that period expires; the punishment is imprisonment up to two years or a fine up to twice the cheque amount, or both.