2002 amendments) days of the receipt of information by him from the bank regarding the return of the cheque as unpaid;
After the receipt of the said notice by the payee or the holder in due course, the drawer should have failed to pay the cheque amount within fifteen days of the receipt of the said notice;
Note: Notice of dishonour is unnecessary when the party entitled to notice cannot after due search be found (see section 98(d) of the Act).
On non-payment of the amount due to the dishonoured cheque within fifteen days of the receipt of the notice by the drawer, the complaint should have been filed within one month from the date of expiry of the grace time of fifteen days, before a Metropolitan Magistrate or a Judicial Magistrate of the first class. The cognizance of a complaint may be taken by the Court after the prescribed period, if the complaint satisfies the Court that he had sufficient cause for not making a complaint within such period.
The offence under this Act is compoundable (see section 147 of the Act, inserted in 2002).12
Under law, when a person has tendered the amount payable by him he
must be deemed to have discharged his obligation and the creditor is bound to accept the tender. Where on dishonour of cheque issued by the accused, he disclaimed the liability to pay the cheque but on receiving notice tendered payment of the whole amount twice in front of the court but the complainant refused to accept it both the times, the accused could not be said to be guilty
of non-payment of the amount.13
Supra note 1, p. 743.