Is notice mandatory to institute a case u/s 138 of ni act

sree 9491505984 (Querist) 12 July 2013 This query is : Resolved
Hi Experts,

Is notice to party who signed a cheque is mandatory before institute a case u/s 138 of NI Act. If no notice is given or notice given long back( Assume 1 year) will it be advantage to the accused to defend the case?

Please reply., Thanks..

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ajay sethi (Expert) 12 July 2013
without issue of notice no complaint under section 138 Ni can be filed . offence is completed if payment not made within 15 days of receipt of notice

Advocate Bhartesh goyal (Expert) 12 July 2013
Yes it is mandatory to give notice u/s 138 b of N.I.Act before filing complaint
(b) The payee or the holder induce 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, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid.