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138 ni act verification of case
Question
Does the verification go through if the complainant has mentioned the wrong bank and date of the bounced cheque in the 138 notice sent to the accused ?
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Answer ( 1 )
Under Section 138 of the Negotiable Instruments Act, the notice of demand sent to the accused after cheque bounce is a mandatory legal requirement, and it must substantially comply with the legal conditions. However, the law also recognizes that minor or clerical errors do not necessarily invalidate the proceedings, as long as the essential ingredients of the offence are met.