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Section 138 NI Act: Omission To Mention Nature Of Debt Or Liability In Notice Does Not Render It Invalid

In Crl.MC.No. 3289 of 2015, B.SURENDRA DAS vs STATE OF KERALA, the court was considering a petition seeking to quash the criminal proceedings on the ground that no demand for payment of the amount of the cheque was made by the complainant as per the notice sent by him and therefore, the notice is defective and the proceedings initiated against the accused pursuant to such notice cannot be sustained.

The court observed that there is no statutory requirement that the complainant must specifically allege in the complaint that there was a subsisting liability. All the complainant has to do is to raise a demand for payment which is a notice to the debtor giving him time to pay but there is no format in which the notice is to be sent.

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