The J&K and Ladakh High Court has ruled that the inference of having received the statutory notice of demand by a cheque drawer as mandated u.s 138 of the NI Act can be raised only if the notice is dispatched to the correct address.

Law Trend

Cheque Bounce | Sending Notice to Wrong Address Fails to Fulfil Mandatory Pre-condition For Filing Complaint U/s 138 NI Act: HC

 Law Trend

2 days ago

The J&K and Ladakh High Court has ruled that the inference of having received the statutory notice of demand by a cheque drawer as mandated u.s 138 of the NI Act can be raised only if the notice is dispatched to the correct address.

As per the Bench of Justice Sanjay Dhar, inference can’t be drawn if notice has been sent to the incorrect address of the drawer of the cheque.

In this case, the petitioner had challenged the complaint filed by the respondent against him for offence u.s 138 of the NI Act before the Judicial Magistrate, Srinagar. He also challenged the Magistrate to take cognisance of the offence and to issue a process against the petitioner.

Before the court, the petitioner’s counsel submitted that no notice was served upon the petitioner and even the address mentioned was incorrect. It was further submitted that even though the petitioner lived in Delhi, the statutory notice was served on the wrong address in Jammu and as the demand notice has not been served, an offence u.s 138 of the Act is not made out