Yes. A complaint under Section 138 of the Negotiable Instruments Act, 1881 can be filed even where the cheque-return memo states “Advice Not Received,” provided the other statutory requirements of Section 138 are satisfied.

A recent direct authority is Avneet Luthra v. Sunita Vijay, CC No. 2022/2022, Delhi District Court, judgment dated 29.07.2025, where a cheque was dishonoured specifically with the remark “Advice Not Received” and the Court proceeded under Section 138 and ultimately convicted the drawer.

Also, in Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375, the Supreme Court held that Section 138 is not confined only to the literal expressions “insufficient funds” or “exceeds arrangement”; other reasons for dishonour may also attract Section 138, depending upon the circumstances.

Therefore, for your client:

1. Obtain the original cheque and bank return memo showing “Advice Not Received”.
2. Issue the statutory demand notice within 30 days from receipt of information regarding dishonour.
3. Demand the cheque amount of ₹10,00,000/-.
4. If the drawer fails to pay within 15 days of receipt of notice, the complaint under Section 138 can be filed within the prescribed limitation.

There is also a very direct recent decision, Pradeepa H.J. v. D.C. Ramesh Kumar, C.C. No. 65128/2024, Bengaluru Court, judgment dated 24.03.2026, where the cheque was returned for “Advice Not Received” and the Court proceeded under Section 138.

Practical caution: “Advice Not Received” is somewhat different from the usual “Funds Insufficient” endorsement, so the bank return memo and the circumstances behind the endorsement should be preserved carefully. It is advisable to obtain the bank's clarification, if possible.