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  • (a)

    the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

  • (b)

    the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

  • (c)

    the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation.- For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.’

2.6 To constitute an offence under section 138 of the Negotiable Instruments Act the following ingredients need to be fulfilled:

(i) Cheque should have been issued for the discharge, in whole or part, of any debt or other liability;

(ii)

The cheque should have been presented within the period of six months or within the period of its validity, whichever is earlier;

Note: The cheque may be presented any number of times for collection within its validity.

(iii)

The payee or the holder in due course should have issued a notice in writing to the drawer within thirty (fifteen prior to

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