Demand for entire sum was made - No demand was made for payment of cheque amount which was part of amount due - invalid notice - complaint quashed

Citation

2008 CRI. L. J. 452

SUPREME COURT

(From : 2005 (3) MPLJ 444)

S. B. SINHA , J. and H. S. BEDI , J.

Criminal Appeal No. 525 of 2005, D/- 2 - 11 - 2007

M/s. Rahul Builders M/s. Arihant Fertilizers and Chemical and Anr.

(C)Negotiable Instruments Act (26 of 1881), S.138 Proviso (b), S.138 Proviso (c) - Dishonour

of cheque - Notice - Demand for entire sum was made - No demand was made for payment of

cheque amount which was part of amount due - An omnibus notice without specifying as to

what was amount due under dishonoured cheque would not subserve the requirement of law -

Criminal proceedings are liable to be quashed.