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kanan   16 June 2018

negotiable notice

is notice send us/s 138 with typing error in the cheque year numerical is valid?or void?


Learning

 5 Replies

R.Ramachandran (Advocate)     16 June 2018

Whether you are the sender of the notice or recipient of the notice?

1 Like

Kumar Doab (FIN)     16 June 2018

You may pick up relevant points;

Andhra High Court

Kavuri Suwarna Bala Sundaram vs Karnati Poorna Chandra Rao And ...

 

Obviously, with a view to give an opportunity and time to the drawer of the cheque, Section 138 of the Act contemplates issuing a notice to the drawer of the cheque, by intimating the drawer of the factum of dishonour and making a demand for payment of the amount covered by the dishonoured cheque. The drawer of several cheques, therefore, should know, which out of the several cheques issued by him was dishonoured and which cheques were honoured. When Section 138 of the Act contemplates only the amount covered by the dishonoured cheque, but not its number, being mentioned in the notice contemplated by that section, it is not necessary for the drawer to mention the number of the cheque, for the drawer to comply With the demand made in the notice, because the drawer shall have 15 days' time to comply with the demand made and the drawer can easily find out from his bank, within that time, which out of the several cheques issued by him was dishonoured. In fact the number on the dishonoured cheque is of no relevance for the drawer to pay the amount covered by such dishonoured cheque. Therefore, mentioning of the number of the dishonoured cheque is wholly unnecessary and irrelevant in a proceeding under Section 138 of the Act. In view thereof the fact that there is a variation in the number of the cheque mentioned in the notice of dishonour and in the body of the complaint and the cheque that is filed into court is of no sequence when in the notice of demand the amount covered by the dishonoured cheque is correctly mentioned. So, merely on the ground that wrong number of the dishonoured cheque is mentioned in the notice under Section 138 of the Act and the complaint, the complaint cannot be quashed.

Hence, the revision is dismissed.

https://indiankanoon.org/doc/725815/

 

1 Like

kanan   16 June 2018

we are sender of the notice.and there is typing error in the cheque issue year instead of 2018,2017 typed.

R.Ramachandran (Advocate)     16 June 2018

There should not be any problem.

1 Like

Kumar Doab (FIN)     16 June 2018

You should be able to overcome the contention being posed on typo error..

1 Like

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