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NAVIN CHAWLA
Honey Verma – Appellant
Versus
Piyush Nautiyal – Respondent
JUDGMENT
Navin Chawla, J. (Oral) - This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.'), praying for quashing of complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (in short, `NI Act') in Complaint Case No.437/2019 titled Piyush Nautiyal v. Honey Verma, on the ground that the legal notice dated 06.01.2019 issued by the respondent prior to the filing of the complaint is not in terms of the proviso appended to Section 138 of the NI Act.
2. The Complaint has been filed by the respondent/complainant that a cheque bearing No. 684791, dated 02.12.2018 for Rs.2,00,000/- was drawn on the Punjab National Bank, which was returned unpaid. Thereafter, the respondent/complainant issued a legal notice dated 06.01.2019, as provided under Section 138(b) of the NI Act. As the petitioner did not pay the amount, the respondent filed the complaint under Section 138 of the NI Act. Summons were issued to the petitioner on the Complaint vide order dated 01.02.2019.
3. In spite of service of notice of this petition, none is appearing for the respondent.
4. The learned counsel for the petitioner submits that while
The legal notice must demand only the cheque amount for the maintainability of a complaint under Section 138 of the NI Act, as per the interpretation of Proviso (b) to Section 138 of the NI Act.
A demand notice issued under Section 138 (proviso b) of the Negotiable Instruments Act must specifically state the amount of money demanded; failure to specify the amount renders the notice invalid f....
Dishonour of cheque – When amount mentioned and demanded in notice sent under Proviso (b) to Section 138 of Negotiable Instruments Act, 1881, to payee or holder in due course of cheque, is different ....
The legal notice under section 138 of the N.I. Act serves the purpose of intimating the drawer about the liability to remit the amount, and a literal interpretation of the law should be avoided to pr....
A notice under Section 138 must clearly demand the cheque amount; ambiguity can invalidate proceedings, but if the demand is sufficiently clear, the notice is valid.
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
A notice under Section 138 of the N.I. Act is valid if it primarily demands the cheque amount, even if it includes additional claims for costs or fees.
Dishonour of cheque – If there is indication in notice of any other amount covered by cheque, it is not invalidated.
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