One of the necessary condition for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act is laid down in clause (c) of the Proviso to this section, which is as under:
“(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.”
Therefore, it is necessary to wait for a period of 15 days after RECEIPT of notice by drawer so as to give him opportunity to make the payment.
From the facts of your case, it appears that the case was filed in a pre-mature manner. This is so because even if it be presumed that the drawer received the notice on the same day, i.e., 12.01.2011 itself when this notice was issued, the period of 15 days gets completed on 27.01.2011, and therefore, the case should have been filed on 28.01.2011 or thereafter. And, if the notice was received by the drawer on a date later than 12.01.2011, then the 15 days’ period would get completed on a further date.
Therefore, your case appears to have been filed in a pre-mature manner.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
