Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Question as to whether the date of service of notice upon drawer is required to be mentioned in the complaint itself—There is no legal requirement to mention the date of service of notice upon the drawer of the cheque in the complaint itself, if the notice was sent through registered post, then presumption under Section 27 of the General Clause Act will automatically come into the picture.
[Para 25]
Section 138—Dishonour of cheque—Legality of summoning order—Complaint was filed after the expiry of 15 days of service of notice upon the applicant—There is no defect in the complaint—No illegality found in the summoning order—Application dismissed
[Para 26]
Section 138—Dishonour of cheque—Service of notice—Where complaint under NI Act is filed, then the concerned Magistrate/ Court will emphasis for filing the post tracking report along with the complaint, if sent through Registered Post, so as to leave no scope for the dishonest drawer of cheque from taking the plea of non-service of statutory notice of 15 days.
[Para 27]
Section 138—Dishonour of cheque—Service of notice—Notice sent through 'email or WhatsApp' , if it fulfils the requirement of Section 13 of IT Act will also be a valid notice under Section 138 NI Act to the drawer of cheque, and same will be deemed to be served on the date of dispatch, itself.
[Para 27]