Positive pay for cheque

"Advice not received" typically indicates that the bank hasn't received instructions to pay the cheque, possibly due to errors in communication or delays. This is not a situation of insufficient funds, which is the key requirement for attracting Section 138. 

Therefore a cheque bounce under Section 138 of the Negotiable Instruments Act (NI Act) generally does not attract the provision if the reason for bounce is "advice not received".

The provsions of Section 138 NI Act could be invoked when the cheque is returned unpaid either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank. 

In my understanding, return of the cheque unpaid because "Advice is not received' falls in the latter situation i.e  that it exceeds the amount arranged to be paid from that account by an agreement made with that bank.

As such, in my considered view, you can initiate action under NI 138 by issuing Notice as provided under proviso (b).