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Notice under section 138 of negotiable instrument act

Page no : 2

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     21 June 2011

and what about the reply which has been received after the 15 days period?

R Trivedi (     14 October 2011

So much of confusion:

1. Under S.138, any form of written communication which can be proved if asked can be treated as notice (email / letter / UPC / registered post). Best stick to UPC/ Registered AD / Speed Post. There is absolutely no need to involve lawyer at this stage, just the plane facts like number / amount / date about cheque and dishonor of the cheque is sufficient, simply demanding money only as per cheque within 15 days of receipt of notice. 

2. Make sure that once you have sent the notice on dishonor then pursue the case. Cause of action arises on completion of 15 Days from the date of receipt of notice by accused, which either he should acknowledge or you may know by registered AD. If you do not know about notice receipt and you are confident that the address of accused was correct, then you must initiate complaint  within 15+30 = 45 Days. (within 30 days after giving 15 days to accused if you are sure when he received the notice). 

3. If due to negligence or otherwise, you do not initiate the case after giving notice, then subsequent dishonor will be useless for you, as S.138 will not be applicable. So please give notice only once.

  For clarifications pl mail at:


Abhilasha (A Student of Law)     15 June 2012

what if there no receipt of notice.what is the time fort compalint.? the drawer intentionally doesnt reply to the notice

Abhilasha (A Student of Law)     15 June 2012

pls reply

B.P. Bhardwaj (delhi)     15 June 2012

Javid Sir,

In addition to this debate, I want to add a more important thing. The Notice means Legal/Demand Notice. If drawee sent legal/demand notice to defaulter, no further notice can be sent. Its illegal and sufficeint cause to loose the case.

If I am wrong please tell me please.

harpreet singh (lawer)     26 July 2012

Mr. javid Nazeem is perfectly right..


Harpreet Singh

Dr G V Rao (Advocate)     05 May 2013

Sirs how many times a cheque can be submitted to the bank after subsequent promises or bouncings within a six month period....for my knowledge....

ANUJ (Partner)     31 May 2013

Dear Dr. Rao,

You can present a cheque any number of times during the period of its validity, and each dishonout shall give you a new cause of action to initiate the statutory process, by way of filing a complaint before the court. This legal position has been recently propounded by the Hon'ble Supreme Court of India, in the matter of MSR Leathers Vs. S. Palaniappan.



Anuj Tyagi,


Jitendra Gupta (CS)     09 September 2013


Who all are eligible persons to draft legal notice under section 138 of Negotiable Instruments act?

Can a Company Secretary draft legal notice, if he knows the provisions?

Which section allows or disallows for this??

cyberlawyer (barrister)     16 October 2013

Thanx a lot for approving my answer sirs....

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