Supreme Court Seeks AG's Response on Viability of Service Of Demand Notice Under Sec 138, NI Act Via Whatsapp/Email

Team SoOLEGAL 9 Jun 2020 5:06pm

Supreme Court Seeks AG's Response on Viability of Service Of Demand Notice Under Sec 138, NI Act Via Whatsapp/Email

Pursuant to Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court on Monday, 8th June,2020 has sought the reply of Attorney General KK Venugopal in an application seeking service of demand notice in "dishonour of cheque" cases through Email and Whatsapp.

 A bench led by India's Chief Justice, S A Bobde sought a response from the Attorney General on the viability of alternative means of service, and ways to ensure that the service is not misused through these alternative modes. The interlocutory application was filed in the SC's suo moto case for extending the time limit for filing cases following COVID-19.

The claimant had appeared before solicitor Mayank Khirsagar and Sahil Monga.

Chief Justice of India S A Bobde says, “We have been told by some experts that people try to misuse service through email and whatsapp. So AG may reply as to how can this be done without abusing such liberties. Let him tell us what his advice is, so it can be considered. We are not experts on this."

Advocate Bintu Thomas submitted that the limitation extension also had to apply to re-filings. CJI SA Bobde has explained, “The same rules will apply when disclosures are made or re-filed. If the time expires during the lockout period it would follow the same theory.Once we pass the order, we must say so.”

 Earlier, on March 23rd, a CJI-led bench had passed a general order extending Limitation with effect from March 15th, using special powers under Article 142 of the Indian Constitution. The order of March 23rd was passed with the intention of minimizing physical proceedings in courts and tribunals in the countries during the COVID 19 pandemic.

The Supreme Court said, “To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f.15th March 2020 till further order/s to be passed by this Court in present proceedings.”

The Bench further stated that the same is binding on all courts / courts as provided for in Article 141, “We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities".

Tagged: Supreme Court   Demand Notice   Sec 138   Negotiable Instruments Act   Attorney General   KK Venugopal   COVID-19   CJI SA Bobde  
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