Is it mandatory to give reasons to the drawer of one cheque regarding the cause of issuing that cheque to payee or simply informing that a cheque is bounced is sufficient?
agapi (doctor) 14 June 2009
Is it mandatory to give reasons to the drawer of one cheque regarding the cause of issuing that cheque to payee or simply informing that a cheque is bounced is sufficient?
PARTHA P BORBORA (advocate) 16 June 2009
in a case U/S 138 NI Act the it is not mendetory to give reasons of cause of issue of the cheque as it shall be presumed as it was given to meet up a legally enforcable debt. simply giving information that a cheque is bounced is sufficient.
Dharmesh Manjeshwar (Advocate/Lawyer) 20 June 2009
Dear Writer,
It is not necessary to mention the reasons as to why the dishonoured cheque had been issued to you by the drawer of the cheque. There is a legal presumption that the said cheque was issued to you in discharge of a legally enforceable liability.
What is important in a notice u/s - 138 is that you should inform the drawer about the fact of dishonour of the cheque issued to you by him and more importantly a demand for payment of the cheque amount should be made by giving the drawer 15 days time from the date of receipt of the said notice.
The demand for payment is an important factor and only informing him about the dishonour will not complete the offence u/s - 138 N.I. Act.
It is only on non payment by the drawer after the expiry of the 15 days period that the offence u/s - 138 N. I. Act is committed
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