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If
payment is not made within 15 days of the receipt of the notice then the offence
shall be deemed to have been committed.
The
cause of action for filing complaint would arise after the completion of 15 days
from the date the drawer receives the notice and fails to pay the amount within
that period.
The court cannot take cognizance
prior to the lapse of the period of 15 days even if there was a denial of the
liability earlier, even after denial liability to pay the amount, the accused
can at any time change his mind within 15 days of receipt of notice, make payment
and avoid prosecution.
The offence shall
be deemed to be committed only from the date when notice period expired.
The
drawer cannot take the excuse that he had no reason to believe when he issued
the cheque that the cheque may be dishonoured on presentation for the reasons
stated above.
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