2018 (6) TMI 816

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....ectively. 3 It is the case of the complainant that the accused is into exports of incense sticks and that the accused had borrowed Rs. 10 lakhs from him to meet his business requirements and towards the discharge of the said liability, the accused had given two impugned cheques, one dated 25.05.2016 for Rs. 5 lakhs and another dated 26.05.2016 for Rs. 5 lakhs; that when the complainant presented the said cheques, they were returned on on 27.05.2016 on the ground funds insufficient ; hence, the complainant issued a legal notice dated 10.06.2016 demanding payment of the said sum; the accused received the notice on 13.06.2016 and neither replied to the legal notice nor paid the amount of the cheques; therefore, the complainant initiated a p....

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....ned counsel for the complainant refuted the contentions put forth by the learned counsel for the accused. 8 This Court gave its anxious consideration to the rival submissions. 9 As regards the first contention of Mr. Sivamohan with regard to the earlier communications that were sent by the complainant to the accused, the same cannot be looked into in a quash petition as they are disputed questions of facts, which can be established only during trial. However, in the statutory notice dated 10.06.2016, the complainant has stated as follows: "That you borrowed from my client at Chennai a sum of Rs. 12 lakhs and in consideration thereof, you issued your cheques as follows: 1. Rs. 5,00,000/- Cheque No.751209 dated 25.05.2....

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....plying common sense, from the words, as stated above, it is clear that the legislature intended that in a notice under clause (b) to the proviso, the demand has to be made for the cheque amount. According to Dr Dhavan, the notice of demand should not contain anything more or less than what is due under the cheque. 8. It is a well-settled principle of law that the notice has to be read as a whole. In the notice, demand has to be made for the said amount i.e. the cheque amount. If no such demand is made the notice no doubt would fall short of its legal requirement. Where in addition to the said amount there is also a claim by way of interest, cost etc. whether the notice is bad would depend on the language of the notice. If in a noti....