Statutory demand notice delay under cheque dishonour law rendered the complaint not maintainable and led to quashing.

A complaint under the Negotiable Instruments Act was held not maintainable where the statutory demand notice was issued beyond 30 days from receipt of information of cheque dishonour. The record showed dishonour on 02.01.2017 and immediate knowledge by the complainant, but the notice was sent only on 06.02.2017. As Section 138 requires timely dispatch of the demand notice as a condition precedent, non-compliance with that period defeated the prosecution. The complaint was therefore quashed.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 was liable to be quashed for issuance of the statutory demand notice beyond the prescribed period of 30 days from receipt of information regarding dishonour of the cheque.

Analysis: The complaint and the complainant's affidavit recorded that the cheque was dishonoured on 02.01.2017 and that the complainant came to know of the dishonour immediately. The legal notice was issued only on 06.02.2017. Under Section 138, the demand notice must be issued within 30 days of receipt of information from the bank regarding dishonour. Since the notice was issued beyond that period, the statutory condition precedent for maintaining the complaint was not satisfied.

Conclusion: The complaint was not maintainable and was quashed.

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