S. 138 NI Act | Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court

In a significant ruling, the Allahabad High Court has held that a demand notice sent to the drawer of a cheque through 'email or WhatsApp' under Section 138 of the Negotiable Instrument for the dishonour of a cheque, is a valid notice and the same shall be deemed to be dispatched and served on the same date, if it fulfils the requirement of Section 13 of the Information Technology Act. Regarding postal deliveries of notices under section 138 of the NI Act, a bench of Justice Arun Kumar Singh Deshwal held the court can presume that postal notice would have been served to the drawer within ten days from the date of its dispatch in view of Section 114 of the Evidence Act and Section 27 of the General Clause Act. Whether the law requires to mention the date of service of notice upon drawer in the complaint filed against him under Section 138 NI Act? To answer the first question, the Court referred to Apex Court's ruling in the case of C. C. Alavi Haji vs Palapetty Muhammed and another 2007 wherein it was held that if the complainant sends notice to the drawer through registered post and no date of service is mentioned, even then, the court can presume under Section 114 of the Evidence Act as well as Section 27 of the General Clause Act that the notice has been served in time when a letter sent through the registered post would have been delivered in the ordinary course of business.