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TMI Blog2024 (6) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... he complainant has demanded interest for the cheque amount and therefore, notice is vague. But, it is found that the complainant has specifically stated the cheque amount in Exhibit P3 notice and only because the complainant has also mentioned about his legal right for interest in the notice, it cannot be held that the notice is invalid. In Suman Sethi v. Ajay K. Churiwal and another [ 2000 (2) TMI 822 - SUPREME COURT ], the Honourable Supreme Court held ' If in a notice while giving up break up of the claim the cheque amount, interest, damages etc. are separately specified, other such claims for interest, cost etc. would be superfluous and these additional claims would be severable and will not invalidate the notice. If, however, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was filed on the allegation that the accused availed a loan of Rs.35000/- from the complainant and in discharge of the said debt, he issued a cheque dated 20.05.1996 for a sum of Rs.35000/- and subsequently, when the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount. 3. In the trial court, the complainant was examined as PW1 and Exhibits P1 to P5 were marked and no evidence adduced from the side of the accused. After considering the evidence on record and hearing both sides, the trial court found that the complainant has not produced the ledger extract of the account to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice within the period of limitation, this appeal is devoid of merit and is liable to be dismissed. 7. A perusal of Exhibit P1 cheque shows that the same is dated 20.05.1996 and the specific case of the complainant is that when he presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused, as is evident from Exhibit P2 memo dated 21.05.1996. In Exhibit P2 memo, the reason for dishonour of the cheque is shown as funds insufficient 8. The learned counsel for the appellant invited my attention to Section 146 of the NI Act to point out that Exhibit P2 dishonour memo can be accepted as sufficient proof for the dishnounor of the cheque for the reason stated in the said memo and in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the said amount ie., cheque amount. If no such demand is made the notice no doubt would fall short of its legal requirement. Where in addition to 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 notice while giving up break up of the claim the cheque amount, interest, damages etc. are separately specified, other such claims for interest, cost etc. would be superfluous and these additional claims would be severable and will not invalidate the notice. If, however, in the notice an omnibus demand is made without specifying what was due under the dishonoured cheque, notice might well fail to meet the legal requirement and may be regarded as bad. 11. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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