Service of demand Notice

Sec. 64 Cr.P.C. has no application to your fact situation.

Please indicate why the cheque was not honoured by your client?

Dear Querist Cr.P.C. shall be applied on all the proceedings pending the trail under section 138 of N.I. Act, you may raised your objections against the service of legal notice but there are several judgment of high Courts and Supreme Court in which it was clearly held by the Hon'ble Court that in case of non receiving of the Demand Notice and court summon has served upon the accused then within 15 days of that summon, the accused may deposit the cheque amount to complainant. you have right to raise objection but ultimately there will be no useful outcome will get from the court. Feel Free to call

I agree with Adv. Nadeem Qureishi. The purpose of the provision to send demand notice is to give another opportunity to the accused to make amends. In case he misses the opportunity for whatever reason, he can again make amends when he receives the court summons. The legal process under NI-138 is such, that at every stage an honest accused gets an opportunity to settle the matter.

Wherever there is a provision in law to send a notice, such provision is satisfied when notice is sent as per section 25 of the General Clauses Act.

Focus on the issue without looking into loopholes.  Today or tomorrow you must pay the cheque to avoid all this.  Do not expect guidance on your surmises that not receiving such notices sent by post, received by some other, etc., as they hold no water.  The fact is that your cheque was dishonoured and you are aware of that.   It is your duty to pay that amount as a good litigant, and always show your clean hands to court to avoid further proceedings.

do agree with the views of my Ld. Friend Md. Qureshi