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cheque bounced amount and Notice amount mentioned not same


22-Jul-2026 (In Cheque Bounce Law)
Is there NIA 138 case is maintainable for cheque bounced for amount Rs. 5,27,850 and notice after cheque bounce with amount Rs. 5,27,650 and this notice was not received as a reason address not found. But notice before cheque bounce received with same cheque amount Rs, 5,27,850 at the same address.
Answers (5)

Answer #1
831 votes
As per law the notice has to be issued on the last known address if the notice is issued on the last address the same is sufficient to serve the purpose. If the earlier correspondence has been served on the same address the same can be proved in the court. To be on the safer side notice can be served through email and WhatsApp also. However double blue ticks are important and can be deemed to be served.
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Advocate Neelkanth Goswami

Adv. Neelkanth Goswami

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Answer #2
971 votes
Retain the postal record which shows that the notice was delivered to the address & try again to send notice on the same address correctly. you can also send legal notice on his/her WhatsApp or Email id. You can file the complaint based on previous notice which was correctly delivered & then please before the court regarding this issue.
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Advocate Gaurav Kasar

Adv. Gaurav Kasar

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Answer #3
841 votes
If you’re accused you can file a petition under Section 482 of the CrPC to get the entire criminal complaint quashed before the High Court due to non-maintainability. It’s a settled position in law that merely by saying that the amount so mentioned in the statutory notice was incorrect because of typographical error, the complainant cannot get rid of the notice issued by him under Section 138(b) of NI Act. The provisions of Section 138 of NI Act are penal in nature and, therefore, the provisions are to be construed strictly.
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Advocate Shriya Mehta

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Answer #4
880 votes
If the cheque amount and the amount mentioned in the legal notice are not the same, it can become an issue in a cheque bounce case under the Negotiable Instruments Act. Generally: If the notice demands more or less than the cheque amount without a valid explanation, the accused may argue that the notice is defective. However, if the notice clearly specifies the cheque amount and separately mentions interest, bank charges, or legal notice charges, the notice may still be valid. The key requirement is that the drawer is clearly asked to pay the cheque amount within the prescribed period.
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Advocate Prashant Gupta

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Answer #5
746 votes
the case will still be maintainable you will have to give an explanation while drafting the complaint but, do not delay in filing a complaint and if you have an alternate address, you can proceed with it too
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Advocate Areeb Ansari

Adv. Areeb Ansari

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