Essential elements of Section-138 of the Negotiable Instruments Act, 1881.

 

The Negotiable Instruments Act, 1881.

Section-138.

Three conditions are to be fulfilled for instituting a case against the drawer of the cheque under section 138 of the negotiable instruments Act, 1881, namely,

(1)             that the validity of the cheque is six months i.e., the cheque is to be presented within six months from the date of its drawn;

(2)            that the payee or holder of the cheque is to make a demand for the payment of cheque amount by giving a notice in writing within thirty days from the date of bouncing of the cheque; and

(3)            that the drawer fails to make the payment of the cheque amount within thirty days from the date of bouncing of it.

 

Book Reference: APPLICATION OF EVIDENCE IN DIFFERENT LAWS. BY-Justice Mohammad Hamidul Haque Sir, Universal Book House, Third Edition, Page-155.