Reply to a cheque-bounce demand notice — s.138 NI Act (within 15 days)

दस्तावेज़

To,
________________
________________

(By registered post / speed post — keep the receipt)

Subject: Reply to your notice under Section 138 of the Negotiable Instruments Act, 1881, received on ________________, concerning cheque No. ________________ dated ________________ for ₹________________.

Made under: the proviso to Section 138 of the Negotiable Instruments Act, 1881, read with Section 139.

Sir / Madam,

1. I, ________________, resident of ________________, received your notice on ________________. This reply is sent within fifteen days of that date.

2. My reply on the facts:
________________

3. [Choose the paragraph that is true, and delete the other.]
(a) No legally enforceable debt or liability existed when the cheque was presented. The cheque was given as security / for a purpose other than the discharge of a debt, as stated above. The presumption under Section 139 is rebuttable on a preponderance of probabilities (Rangappa v. Sri Mohan, (2010) 11 SCC 441; Basalingappa v. Mudibasappa, (2019) 5 SCC 418), and the facts above rebut it.
(b) The amount of the cheque has been paid on ................ by ................ (details), within fifteen days of receipt of your notice. Under clause (c) of the proviso to Section 138, no offence arises where payment is made within that period.

4. You are called upon to return the cheque and to withdraw the notice. Any complaint filed in disregard of these facts will be contested, and I reserve every remedy available to me in law.

Yours faithfully,

________________
________________

Place: ________________
Date: ________________