Section 138 NI Act: Notice Demanding 'Loan Amount' Not Invalid If It Is Same As 'Cheque Amount': SC [Read Order]

Ashok Kini

18 April 2019 8:35 PM IST

  • Section 138 NI Act: Notice Demanding Loan Amount Not Invalid If It Is Same As Cheque Amount: SC [Read Order]

    "Notice issued under Section 138 of the NI Act has to be only for the cheque amount and not for any other amount more than the cheque amount."

    The Supreme Court has observed that a demand notice issued under Section 138 of the Negotiable Instruments Act, claiming 'loan amount', does not become invalid, if it is same as the amount covered under the dishonoured cheque(s). In this case (Vijay Gopala Lohar vs Pandurang Ramchandra Ghorpade), the accused took a loan of Rs. 50,000 from the complainant. Two cheques were issued by...

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