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The
requirement of giving of notice is mandatory. If no notice making a demand for
payment is served upon the drawer within 30 days from the date of dishonour of
cheque, a complaint is not maintainable unless the complainant satisfies the Court
that he had sufficient cause for not making a complaint within such period.
Notice
means a notice in writing.
A postal acknowledgement
due containing the signature of the accused is proper proof of service of the
notice on the addressee shown in the postal acknowledgement.
When
a notice is returned by the sender as unclaimed such date would be the commencing
date in reckoning the period of 15 days. Such reckoning would be without prejudice
to the right of the drawer of the cheque to show that he had no knowledge that
the notice was brought to his address.
The
notice need not necessarily be by registered post only. It can be sent by a telegram,
fax or by a letter as well.
However
it is preferable to send the notice by registered post, as that is clear evidence
of service.
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