Act does not prescribe any specific form of notice, but mandates that it should be issued in writing – Handwritten notice contains the details the subject amount, details of Cheque numbers and dates of issue with amounts and particulars of Bank, Returning of Cheques by the banker dishonouring them on the ground of ‘Stop Payment’ by the accused, a demand for immediate repayment of the amount; and a caution to the accused that in case of failure on the part of respondent, the appellant would initiate legal proceedings – Held, the Handwritten note fulfilled the mandatory requirements under clause (b) of proviso to Section 138 and could be said to be a valid ‘notice’.

(SC) Decided on: 11.08.2014