P&H: Quashes Cheque Bounce Case For Notice Sent Beyond 30 Days, as Compliance of S.138(b) is Substantive Precondition.

punjab-haryana
⚖️ Order Date: 22 May 2026
Headnotes
Negotiable Instruments Act, 1881, Ss.138, 142, Criminal Procedure Code, 1973, S.482,  — Dishonour of cheque - Quashing of complaint - Where complainant’s own averments disclose that statutory notice u/s 138(b) of N.I.  Act was issued beyond thirty days from receipt of information of dishonour, continuation of proceedings would be an abuse of process -Complaint along with summoning order held, quashed. (Paras 8 to 12) Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque - Issuance of a written demand notice within

Login to read full Headnotes

Login

Facts of the Case
P&H: Quashes Cheque Bounce Case For Notice Sent Beyond 30 Days, as Compliance of S.138(b) is Substantive Precondition. High Court has quashed a cheque dishonour complaint after finding that the statutory demand notice was issued beyond the 30-day period mandated under Section 138(b) of the Negotiable Instruments Act. Court allowed a petition under Section 482 CrPC  and set aside the summoning order. The complaint alleged that he had advanced Rs. 4 lakh to the petitioner and received a

Login to unlock full judgment

Unlock Now
Login required to open full judgment PDF
Login to Access File