AI Overview...
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Section 138 Notice Requirement - A valid notice under Section 138 of the Negotiable Instruments Act must be a written demand for payment, specifying the amount due, and should be served to the drawer of the dishonoured cheque. The notice can include breakup of the amount (cheque amount, interest, damages) if given separately; mere information or non-specific notices are insufficient. Suman Sethi VS Ajay K. Churiwal - Rajasthan, Satish Jamnadas Dattani VS Gordhandas Jamnadas Kapadia - Dishonour Of Cheque, N. C. Dey VS Raufrahim - Calcutta, DSC Ltd. VS Dada Jeetu Buildcon Pvt. Ltd. - Delhi
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Validity of Notice - The notice must comply with statutory provisions, including proper identification of the cheque number and amount. Giving notice via publication or informal means does not satisfy the legal requirement. Proper service of the notice is essential for the cause of action to arise under Section 138. Salvaji Prabhakar Rao VS State of A. P. - Dishonour Of Cheque, Arumugham VS Sudheesh Kumar - Dishonour Of Cheque, V. K. Taneja VS The State of Rajasthan - Rajasthan
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Timing and Consequences - Payment made within 15 days of the receipt of the notice does not extinguish the liability; the notice must be served before initiating prosecution. Failure to serve proper notice leads to the quashing of proceedings or non-maintainability of the complaint. Suman Sethi VS Ajay K. Churiwal - Rajasthan, Arumugham VS Sudheesh Kumar - Crimes, Satish Jamnadas Dattani VS Gordhandas Jamnadas Kapadia - Dishonour Of Cheque
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Legal Implications - The courts have consistently held that statutory compliance with Section 138, especially the issuance of a proper written demand notice to the drawer, is a mandatory precondition for initiating criminal proceedings under the Act. Any deviation, such as giving information instead of notice or serving notice improperly, invalidates the proceedings. Arumugham VS Sudheesh Kumar - Crimes, Kanhaiya Singh Son Of Late Ram Chandra Singh, resident Of Mohalla-jai Prakash Nagar, house No. B/50, P. S. -rajeev nagar, District-patna VS State Of Bihar - Patna, Arumugham VS Sudheesh Kumar - Dishonour Of Cheque, DSC Ltd. VS Dada Jeetu Buildcon Pvt. Ltd. - Delhi
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Summary - To ensure the validity of proceedings under Section 138, the complainant must serve a proper, written, and specific demand notice to the drawer of the dishonoured cheque, complying with all statutory requirements. Failure to do so can result in the quashing of proceedings or dismissal of the complaint. Suman Sethi VS Ajay K. Churiwal - Rajasthan, N. C. Dey VS Raufrahim - Calcutta
Analysis and Conclusion:
A valid Section 138 notice is a crucial procedural step in the dishonour of cheque cases. It must be in writing, specify the amount, and be served to the drawer as per statutory provisions. Non-compliance with these requirements undermines the foundation of the prosecution, often leading to quashing or dismissal of cases. Proper service and adherence to the prescribed format are mandatory to invoke the offence under Section 138 of the Negotiable Instruments Act.
Search Results for "Negotiable Instruments Act s 138 Notice Given"
2000 0 Supreme(Raj) 86 • India - Rajasthan
G.T.NANAVATI, S.N.PHUKAN
(a) Negotiable Instruments Act, Sec. 138 proviso (b) – Dishonour of cheque – Notice given, demanding excess of amount of cheque is ... not valid – If breakup of amount i.e. amount of cheque, interest, damages are given separately the notice will be valid. ... (Para 9 to 11)(b) Negotiable Instruments Act, Sec. 138 – Dishonour of cheque – Payment of amount of cheque made within 15 days – ... Thereafter within 15 days....
• India - Dishonour Of Cheque
S.A.BOBDE
Instruments Act, 1881—Section 138—Quashing of proceedings—Notice given to the drawer of dishonoured ... Act, 1881—Section 138—Notice given to the drawer of the dishonoured cheque—Must enable the drawer ... (Para 6) ... (ii) Negotiable Instruments ... According to the learned counsel, the notice does not specify the cheque number nor the amount and is, therefore, not a notice as contemplated by Sec....
• India - Crimes
M.N.KRISHNAN
(i) Negotiable Instruments Act, 1881—Section 138—Cheque dishonoured—Information instead of notice given—Section142—Complaint filed ... nbsp;(ii) Criminal Procedure Code, 1973—Section 482—Petition for quashment of proceedings—Held: Statutory notice ... of demand was not given. ... Unless a notice is served in conformity with proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintain....
2010 0 Supreme(Pat) 385 • India - Patna
SHEEMA ALI KHAN
Indian Penal Code, 1860-Sections 406, 418, 420 and Section 138 and 142 of Negotiable Instruments Act-No notice given to the petitioner ... of the act- There is obviously violation of subsection b of section 142 of N.I. ... under section b of the proviso and as such it can not be held that the complainant has fulfilled the requirements under section 138 ... Proviso to Section 138 of the N.I. ... It is apparent that ....
1992 0 Supreme(Cal) 450 • India - Calcutta
S.P.Rajkhowa
NEGOTIABLE INSTRUMENTS ACT, 1881 - SECTION 138 - DISHONOUR OF CHEQUE - CAUSE OF ACTION - ARISES ONLY WHEN NOTICE IN WRITING IS ... Whether the cause of action for an offence under Section 138 of the Negotiable Instruments Act arises only when a notice in writing ... The court held that the cause of action for an offence under Section 138 of the Negotiable Instruments Act arises only when a #HL_STA....
• India - Dishonour Of Cheque
P.S.NARAYANA
Negotiable Instruments Act, 1881—Section 138(b) —Dishonour of cheque—Notice ... was given straightaway by publication in newspaper—It could not be said to be in compliance with statutory provision—Complaint was ... The only question raised by the Counsel for petitioner Sri Jitender Rao is that there was no issuance of statutory notice as contemplated by Section 138 of the Negotiable Instruments Act (hereinafter in short referred to ....
2002 0 Supreme(Raj) 1377 • India - Rajasthan
A.C.GOYAL
Section 138 - Negotiable Instruments Act - The court found that notice under Section 138(b) was given to the accused-petitioner ... Ratio Decidendi: The court found that notice under Section 138(b) was given to the accused-petitioner and that there was no ... Issues: The main issue was whether the notice under Section 138(b) was given to the accused-petitioner and if there was ....
• India - Dishonour Of Cheque
M.N.KRISHNAN
instead of notice given—Section142—Complaint filed and process issued. ... (i) Negotiable Instruments Act, 1881—Section 138—Cheque dishonoured—Information ... ... Held: Statutory notice of demand was not given. ... Unless a notice is served in conformity with proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.” ... Under Section 138(b) of the #HL_STAR....
2005 0 Supreme(Kar) 789 • India - Karnataka
MANJULA CHELLUR
Negotiable Instruments Act - Section 138 - Section 94 - Mode in which notice may be given - Summary: The court discussed the requirements ... of Section 138 of the Negotiable Instruments Act, emphasizing the need for a written demand for payment of the dishonored cheque ... the bank's intimation of dishonor, as required by Section 138 of the Act. ... Section 94 of the Negotiable Instrume....
2018 0 Supreme(Del) 3159 • India - Delhi
SANJEEV SACHDEVA
provisions of Section 138 and Section 141 of the Negotiable Instruments Act, emphasizing that the notice under Section 138 is required ... Ratio Decidendi: The court emphasized that the notice under Section 138 is required to be given to 'the drawer' of the cheque ... notice. ... of a notice of demand under section 138 N.I. ... The question that arises for cons....
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