Section 138 NI Act: Omission To Mention Nature Of Debt Or Liability In Notice Does Not Render It Invalid: Kerala HC [Read Order]

LIVELAW NEWS NETWORK

30 May 2019 6:31 PM IST

  • Section 138 NI Act: Omission To Mention Nature Of Debt Or Liability In Notice Does Not Render It Invalid: Kerala HC [Read Order]

    "There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability.”

    The Kerala High Court has observed that the omission or error in the notice under section 138 of the Negotiable Instruments Act to mention the nature of the debt or liability, does not render it invalid. Justice R. Narayana Pisharadi also observed that there is no statutory requirement that the complainant must specifically allege in the complaint that there was a...

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