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2000 (2) TMI 822 - SC - Companies LawWhether the notice in question issued under proviso (b) to Section 138 of the Act was valid or not? Held that:- In the notice in question the "said amount" i.e. the cheque amount has been dearly stated. Respondent No. 1 had claimed in additional to the cheque amount, incidental charges and notice charge. These two amounts are severable. In the notice it was clearly stated that on failure to comply with the demand necessary legal steps will be taken up. If respondent No. 1 had paid the cheque amount he would have been absolved from the criminal liability under Section 138. Appeal dismissed.
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