(Guest)

Kindly arrange the payment

i am appearing for the accused.

in a case of 138 of NI Act. the complainant had issued notice dt: 24/09/2009 to the accused and used the word kindly arrange the payment on or before 30/09/2009 .

is it valid notice u/s 138 of NI Act'1881

lessor period and no demand in the said notice.

can any one provide me SC or High Court Judgement in my favour.

Thanks in advance

Reply Follow

3 Replies

Anil Agrawal (Retired) 05 August 2010

And if the payment is not made before 30/9/2009, what will follow? What is a statutory notice? 15 days?

(Guest)

only mention in notice that: kindly arrange the payment on or before 30/09/2009. no where in notice specificaly demanded the money

Ayush (Advocate) 06 August 2010

legally, the notic should be of 15 days time. If the 15 days time has not been given in the notice, the notice loses its validity. I read it somewhere in a law reporter but currently not able to trace the book. let the experts speak!!