The court shall not take cognizance of the offence under Section 138 of the Negotiable Instruments Act,…
Under proviso (b) to section 138 of the Negotiable Instruments Act, 1881 the payee must give the drawer written notice of demand within "Thirty days" of receiving the bank's…
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The court shall not take cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881, if the payee after receipt of the information by him from the bank regarding the return of the cheque as unpaid, makes a demand by giving notice in writing to the drawer after the expiry of:
Answer and explanation
Correct answer C
Under proviso (b) to section 138 of the Negotiable Instruments Act, 1881 the payee must give the drawer written notice of demand within "Thirty days" of receiving the bank's information that the cheque was returned unpaid; a notice given later does not complete the offence, so the court cannot take cognizance. The fifteen-day period is a different one: the time the drawer has to pay after receiving the notice.
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