2015 (7) TMI 1379

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....ned as an accused in complaint under Section 138 of the Negotiable Instruments Act (for short "Act"), though no notice as mandatorily required under the Act been served upon it. 3. Therefore, the short question which arises for determination is as to whether in absence of notice under Section 138 of the Negotiable Instruments Act to the petitioner, can the complaint be maintained? I have heard learned counsel for the parties and have gone through the records of the case. 4. Section 138 of the Act was enacted to penalize those unscrupulous persons who purported to establish their liability by issuing cheques without really intending to do so. To make the provisions contained in Chapter XVII of the Act to more effective, some more se....

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.... cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice." 6. The condition pertaining to the notice to be given to the drawer have been formulated and incorporated in clause (b) to (c) of the proviso to Section 138 of the "Act". On the part of payee, he has to make a demand by "giving a notice" in writing to the drawer of the cheque within a period of thirty days from the date of receipt of information from the bank regarding the return of the cheque as unpaid. In clause (c), the drawer is given fifteen days time from the date of receipt of notice to make the payment and only after he fails to make p....