ચેક રીટર્ન અંગેનાં કેસમાં ડીમાન્ડ નોટીસમાં ૧૫ દિવસ કરતા ઓછા દિવસમાં પેમેન્ટ કરવા જણાવેલ હોય તો નોટીસ ઇનવેલીડ ઠરતી નથી.

રીલેટેડ પેરેગ્રાફ :

Negotiable Instruments Act (26 of 1881), S.138.

It is, therefore, necessary to examine the provisions. The proviso to Section 138 of the Act reads as follows :-
“Provided that nothing contained in this Section shall apply unless –
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice.”
Neither clause (b) nor clause (c) of the proviso prescribed a period which must be specified in the notice of demand issued to the payee. Clause (b) prescribes that a demand must be made by a notice in writing issued to the drawer of the cheque within 30 days of the information that the cheque has been returned unpaid. The effect of clause (c) is that the liability for being prosecuted under Section 138 is withheld for a period of 15 days during which the drawer of the cheque may make payment of the cheque demanded or in which case the liability extinguishes. Nowhere does the proviso prescribe that the notice should make the demand within a specified period such as 15 days.- Mentioning a period lesser than 15 days in the notice of demand would not affect the complainant’s right to launch prosecution if the complainant has waited for 15 days and then exercised his right of filing a complaint before the Court.(para- 6,10)