Lawstreet Journal

SC has sought AG’s Response on Viability of Serving Demand Notice Under S. 138 of NI Act Via WhatsApp/Email

Lawstreet Journal 10 Jun 2020 3:06am

Image courtesy: Lawstreet Journal Judiciary SC has sought AG’s Response on Viability of Serving Demand Notice Under S. 138 of NI Act Via WhatsApp/Email

The Supreme Court has on June 08, 2020, sought the response of the Attorney General KK Venugopal in an application seeking service of demand notice in "dishonor of cheque" cases through Email and WhatsApp under section 138 of the Negotiable Instruments Act, 1881. 

The Supreme Court wanted to know the viability of alternative means of service and ways to ensure that the said service through these alternative modes is not misused. 

The issue had come up through the interlocutory application filed in the suo moto case taken by the SC extending the limitation period for filing of cases in the wake of COVID-19.

CJI S. A. Bobde had noted that, 

“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.”

When Advocate Bintu Thomas submitted that the extension of limitation must also be made applicable to re-filings, CJI had clarified that, 

“Whether filings or re-filing, the same principles will apply. If the time expires during the period of lockdown, the same principle will apply. Whenever we pass that order, we’ll say so.” 

Earlier, on March 23, 2020, a Bench headed by CJI had passed a general order extending Limitation with effect from March 15, 2020, invoking special powers under Supreme Court Article 142 of the Constitution of India. 

The March 23 order had been passed to reduce… Continue Reading...

Tagged: Negotiable Instrument Act  
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