If a notice Under Section 138 of Negotiable Instrument Act is sent to the Accused Person . Suppose the first para of notice is read as follows :
IN DISCHARGE OF YOUR EXISTING LIABILITIES YOU HAVE ISSUED A CHEQUE OF RS. 3 LACS VIDE CHEQUE NO......DATED......DRAWN ON...................... IN FAVOUR OF MY CLIENT.
In the last para of the notice due to typographical mistake the amount has been written as 25 thousands instead of 3 lacs. the last para of the notice runs as follows :
UNDER THE CIRCUMSTANCES AFORESAID I UNDER INSTRUCTION FROM AND ON BEHALF OF MY ABOVE NAMED CLIENT HEREBY CALL UPON YOU TO PAY THE ABOVE 25 THOUSAND TO ME WITHIN 15 DAYS FAILING WHICH MY CLIENT SHALL BE CONSTRAINED TO START A PROCEEDINGS UNDER SECTION 138 OF N.I. ACT.
NOW my question is whether the said notice is bad in law , if yes , then why . Because top portion mention the exact cheque amount. If notice is valid then please refer few judgements.
Thanks
