Section 138 Notice II

Posted on by Rudrajyoti Nath Ray

When the amount mentioned and demanded in a notice sent under Section 138(b) of The Negotiable Instruments Act, 1881 is different from the amount for which the cheque was issued, would such notice stand valid in eye of law?

A notice in terms of Section 138(b) has to be precise while mentioning of the amount of the cheque which is dishonoured. The error, even if typographical, would be fatal, given the need for strict mandatory compliance. The quashment of the notice was eminently proper and legal.

– Hon’ble Justice N.V. Anjaria, Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul, [Special Leave Petition (Criminal) Nos. 11184-11185 of 2024].

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