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2022 (4) TMI 470 - HC - Indian LawsDishonor of Cheque - insufficient funds - legally enforceable debt or not - proceedings were initiated on 12th day from the service of notice - HELD THAT:- This Court is of the considered opinion that the period of fifteen days as prescribed under Section 138(c) of Act of 1881 is a window available to the drawer of Negotiable Instrument to enable him to satisfy the legally enforceable debt and to avoid criminal proceedings - The Legislature was conscious when 15 days time was given as mandatory period under Section 138(c) to ensure that the drawer gets a fair deal in the shape of opportunity to satisfy the legally enforceable debt in case he desires to. It is noted that normally in criminal law notice is not mandatory but in the Negotiable Instruments Act a special provision has been made with mandatory impact so that the drawer can avoid criminal proceedings against him by making payment of the legally enforceable debt. The Negotiable Instruments Act is akin to civil law in many aspects but criminal culpability has been carved out only to ensure proper credence to the instrument. In the present case, the fact admitted are that the notice was served on 10.02.2010 and the proceedings were launched on 22.02.2010, which is 12th day of sending notice, instead of after completion of 15 days that would have happened on 25.02.2010 and, thus, the opportunity envisaged by the Legislature for the drawer on the completion of 15 days was cut short paving way for derailment of the 138 proceedings - the impugned order has taken note of the fact that the proceedings were initiated on 12th day i.e. 22.02.2010 from the service of notice and before the expiry of the mandatory period as provided under section 138(c) and, thus, has rightly held that no cause of action accrued to appellant while dismissing the proceedings. Appeal dismissed.
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