Key Points: - The complainant must file within one month of the date on which the cause of action arose under Clause (c) of the proviso to Section 138. (!) - The cause of action accrues on receipt of the notice by the drawer, not merely on sending the notice. (!) (!) - If the drawer receives a notice, the right to present the cheque again for a fresh cause of action may be forfeited once the notice is not paid within 15 days; re-presentation and fresh notice can be valid if the drawer’s receipt of the prior notice is disputed or not, depending on service proof. (!) (!) (!) - Service by post is presumed under Section 27 of the General Clauses Act, but such presumption is rebuttable; the despatcher may rely on this presumption or contest receipt. (!) (!) - The presumption of service applies when notices are sent by post and can be relied upon if not rebutted; otherwise, a fresh notice may be issued after re-presenting the cheque. (!) (!) - The High Court’s quashing of a complaint for time barred relief was reversed, directing continuation of proceedings; the appellant presented the cheque again and issued a fresh notice after receipt of a prior disputed communication. (!)

How to determine the period within which the complaint under Section 138 of the Negotiable Instruments Act must be filed?

What is the effect of receipt versus mere sending of the notice of dishonour on the accrual of cause of action under Section 138?

What are the consequences of receiving a communication that the notice was not received and opting to issue a fresh notice after re-presenting the cheque?