138 vs None

The legal demand notice is the bridge between the civil wrong (cheque dishonour) and the criminal offence (Section 138). Without a valid notice giving the drawer an opportunity to pay, no offence is complete. Courts treat notice requirements seriously — but have distinguished between fatal defects and curable irregularities. **The 30-Day Window:** The complainant must send the notice within 30 days of receiving the bank's dishonour memo (not from the date of dishonour — from receipt of the memo). The day the dishonour memo is received counts as Day 1. If Day 30 falls on a court holiday, some courts allow the next working day. **Mode of Sending:** Registered post with acknowledgement due (RPAD) is the standard. If the drawer refuses the registered letter, or if it is returned 'not found' / 'unclaimed', service is deemed complete under Section 27 General Clauses Act from the date of posting. The complainant need not prove actual receipt — they must prove proper posting. **Multiple Addresses:** If the drawer has multiple known addresses, the complainant should ideally send notice to all of them. Sending to only one address (even if it is the registered office) may be challenged if the drawer proves they were actually residing elsewhere and did not receive notice. **Corporate Drawers:** When the drawer is a company, notice must be sent to the company's registered office address. It should also ideally be sent to the directors/officers who will be made accused under Section 141.