Section 138 of n.i.act

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
Dear all,
My company by a mistake issued legal notice to the debtor u/s 138 of N.I.Act by asking them to pay the amount within 7days from the receipt of notice, although the section provides 15days time.In that point the opposite party could raise objection that the notice is null and void. After long searching I have got some citation pertaining to the said dispute that section 138 doesnot express that what specific time to be written in the notice so giving shorter date for payment is can not be held null. I am giving the citation, if any one having the judgement please provide me and also other judgements relating to the same dispute.

"Specifying period of 8 Days shorter than 15 days for making payment
cannot be held to be illegal while provision of Sec. 138, nowhere
provides that notice should prescribed period of 15 days for making
payment".
2010 Cri.L.J. 1019
9
Case referred
2008 Cri.L.J. 452
1999 Cri.L.J. 2010 Madras

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prabhakar singh (Expert) 05 September 2011
i am searching ,see find or not??

Raj Kumar Makkad (Expert) 05 September 2011
We have seen that when the cheque returns unpaid – he must make the demand of payment within 30 days, and the drawer must make the payment within 15 days of receipt of notice.

Whether if in a case notice of less than 15 days given – for eg. 7 days notice given, what would happen in such a case ?

It has been held in Ravindra Kr. Mahajan v. Sohan Lal – 2000 SC that Notice of 7 days would not over ride the statutory requirement of 15 days. The lesser time does not invalidate the notice.

Querist : Anonymous (Querist) 05 September 2011
Thank you sir can you please provide me the full judgement in PDF format , if available to you.

Raj Kumar Makkad (Expert) 05 September 2011
This can be obtained from All India Reporter

prabhakar singh (Expert) 05 September 2011
could found on net.

SAANJAAY GUPTAA (Expert) 06 September 2011
I agree with Mr. Makkad

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