LI Network
Published on: February 13, 2024 at 16:10 IST
In a recent judgment, the Allahabad High Court has affirmed the validity of demand notices sent via email or WhatsApp in cases related to bounced cheques under Section 138 of the Negotiable Instruments Act, 1881.
Justice Arun Kumar Singh Deshwal presided over the case, addressing an application seeking to quash proceedings initiated under Section 138.
The Court clarified that a notice dispatched through email or WhatsApp would be considered served on the same date if it meets the requirements of Section 13 of the Information Technology (IT) Act, 2000.
The case involved Sunil Kumar and Chandan Singh, counsels for the applicant, arguing that the complaint was flawed as it was filed within 15 days of the notice, violating legal requirements.
The legal notice, sent on July 23, 2022, following a bounced cheque on July 13, 2022, lacked a specified date of service in the filed complaint dated August 31, 2022.
The argument further contended that, based on Section 27 of the General Clauses Act, 1977, a 30-day presumption should apply, requiring the complaint to be filed 45 days post-notice.
The Assistant Government Advocate, Padmakar Rai, countered by asserting that the date of service need not be mentioned in the complaint and can be considered during the trial.
The Court considered two key issues: whether the complaint was defective under Section 138 due to being filed within 15 days of notice service, and whether the law required the date of notice service to be mentioned in the complaint.
Examining Section 4 of the IT Act, the court concluded that notices under Section 138 would encompass emails or WhatsApp messages if they remain available for subsequent reference.
The Court also held that, in the absence of a mentioned date of service in the complaint, the court could presume under Section 114 of the Evidence Act and Section 27 of the General Clauses Act that the notice would have been served within ten days from dispatch.
The Court referred to the case of M/s Ajeet Seeds vs K. Gopal Krishnaiah, where the Supreme Court observed that it is essential to aver in the complaint that, despite the return of the notice unserved, it is deemed to have been served or that the addressee has knowledge of the notice.
The Allahabad High Court, issuing directions to all Magistrates/Courts, emphasized the importance of filing the post-tracking report along with the complaint when sent through Registered Post.
The Court clarified that notices sent through email or WhatsApp, meeting the requirements of Section 13 of the IT Act, would be valid under Section 138 of the Negotiable Instruments Act and deemed served on the date of dispatch.
In light of these considerations, the Court dismissed the application in the case titled Rajendra v. State of U.P. and Another (APPLICATION U/S 482 No. – 45953 of 2023).