138(b) negotiable instruments act

Probal Roy (Querist) 01 December 2011 This query is : Resolved

My question U/S 138 (b) of NIA, is whether payee has to send Demand Notice by Registered Post to the drawer in such a way so that it reaches to the address of the drawer within 30 days limitation or is it correct that if payee dispatches the Demand Notice by Registered Post to the drawer on the 30th day reaching drawer after expiry of 30 days mandatory requirement.

I request your expert opinion with citation of Supreme Court Judgments.Thanks. Probal Roy

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adv. rajeev ( rajoo ) (Expert) 01 December 2011
Within 30 days. On the 30th day sending of notice is correct.

V R SHROFF (Expert) 01 December 2011
Payee must send notice to drawer within 30 days after he recd information of returned Chq.
When Drawer recd notice is immaterial.
For any delay of Postal authority, u r not responsible.
Your job is over, as soon as you send it.

Sailesh Kumar Shah (Expert) 01 December 2011
Agree with opinions of both experts.

Advocate Bhartesh goyal (Expert) 01 December 2011
I also agree with experts views.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 December 2011
Hear also there will be gray area since you have to conclusively prove when the intimation of cheque bounce was received. Banks as a rule send intimation late and most of the time incomplete,back dated.