Demand to return amount essential ingredient to constitute offence punishable u/s. 138 of NI Act

The Delhi high court has stated that while issuing a notice under Section 138 of the Negotiable Instruments Act, “an omnibus notice without specifying the amount due under the dishonoured cheque, not even calling upon the alleged accused to pay the amount of cheque”, will not meet the requirement of the law. Quashing the complaint in the case, Brainobrain Kids Academy Ltd vs Continental Advertising Ltd, the court noted that “the demand for return of the amount is an essential ingredient to constitute an offence punishable under Section 138 of the Act. Thus

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