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TMI Blog2025 (4) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... been summoned to face trial under Sections 138 and 141 of the Negotiable Instruments Act, 1881; along with its subsequent proceedings. 2. Learned counsel for the petitioner contends that the learned Trial Court, vide impugned order, annexed as Annexure P-2, has erroneously summoned the petitioner despite the absence of the essential ingredients of an offence under Section 138 of the Negotiable Instruments Act (for short, the NI Act). Drawing the attention of this Court to the legal notice, annexed as Annexure P-3, learned counsel submits that the said notice is legally defective as it fails to meet the mandatory statutory requirements under Section 138 (b) of the NI Act. Specifically, it is argued that the notice does not make a clear and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Ajay K. Churiwal and another, AIR 2000 Supreme Court 828 has laid down the legal test for determining the validity of a demand notice under Section 138 of the NI Act in the following terms : - "8. It is well settled principle of law that the notice has to be read as a whole. In the notice, demand has to be made for the "said amount" i.e. 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 the break up of the claim the cheque amount, interest, damages etc. are separately specified, other such claims ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (HDFC Bank Jasna Road, Bhopani More, Village Bhopani, Faridabad) on 06.12.2018 оп account of insufficiency of funds in your bank account as per the return memo issued by my client's bank (Union Bank of India, Sector-28, Faridabad). The return memos were delivered to my client on 15-12-2018. 5. That by this notice my client offers you another opportunity to pay the cheque amount within 15 (fifteen) days of receipt of the notice to avoid complaint u/s 138 of Negotiable Instruments Act, 1881. Under the above facts and circumstances, I hereby call upon you to make the payment of Rs.3,00,000/- (Rupees Three Lacs Only) within a period of 15 days from the date of receipt of this Notice, failing which, my client shall be constra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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