Simple
Dishonour of Cheque is not an offence under Section 138 but other formalities
of issue of notice of demand and to wait for 15 days of its service is
necessary. The payee or the holder induce 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 cheques
as unpaid. Non –Payment of cheque amount within 15 days from the date of
receipt of notice of demand is the basis of accrual of cause of action. Drawer
in order to avoid his prosecution is bound to pay the amount of dishonoured cheque within 15 days
of receipt of notice from the payee. If he had tendered the entire amount after
receipt of notice but within period of 15 days and complain had refused to
accept the same, then in those circumstances, drawer cannot be held liable for
offence.
Regards
Team
Legal Point Foundation
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Legal
Point Foundation
Deepak
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