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The SC affirmed that under Section 138 NI Act the Proviso(b) requires a clear, specific demand of the identical cheque amount, and a discrepancy between the cheque sum and the amount demanded in the statutory notice renders the notice legally invalid. The Court rejected the contention that the erroneous amount could be excused as a mere typographical slip, holding that such ambiguity defeats the statutory requirement and vitiates the notice. Consequently the High Court's order quashing the notice was upheld and the appeals dismissed, with no interference warranted given failure to comply with the proviso's conditions necessary to sustain a prosecution under Section 138.
The SC affirmed that under Section 138 NI Act the Proviso(b) requires a clear, specific demand of the identical cheque amount, and a discrepancy between the cheque sum and the amount demanded in the statutory notice renders the notice legally invalid. The Court rejected the contention that the erroneous amount could be excused as a mere typographical slip, holding that such ambiguity defeats the statutory requirement and vitiates the notice. Consequently the High Court's order quashing the notice was upheld and the appeals dismissed, with no interference warranted given failure to comply with the proviso's conditions necessary to sustain a prosecution under Section 138.
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