Allahabad High Court Affirms Validity of Email or WhatsApp Notices in Cheque Bounce Cases

In a significant ruling, the Allahabad High Court has declared that a notice sent through email or WhatsApp would be a legitimate demand notice in cheque bounce cases under the Negotiable Instruments (NI) Act, provided it complies with the requirements outlined in the Information Technology Act (IT Act). Justice Arun Kumar Singh Deshwal clarified the court's position, emphasizing that Section 138 of the NI Act necessitates written notice but does not prescribe a specific mode of sending.

The court scrutinized the IT Act, particularly Section 4, which states that if any law requires information to be in writing, it is deemed satisfied if presented in electronic form. Justice Deshwal concluded that notice under Section 138 of the NI Act includes email or WhatsApp if it remains available for subsequent reference. The judgment also highlighted Section 65(B) of the Indian Evidence Act, acknowledging the admissibility of electronic records.

The ruling was delivered while hearing a plea seeking the quashing of summons related to a Section 138 NI Act complaint. The court, addressing concerns about the date of service of notice, established a presumption that a registered post is delivered within a maximum of 10 days from dispatch in the era of digitization. The court dismissed the plea challenging the summons, providing crucial guidance to Magistrates dealing with NI Act cases.

The judgment issued two key directions to Magistrates:

1. Emphasize filing the post-tracking report along with the complaint for notices sent through registered post, eliminating the scope for the drawer to dispute non-service.

2. Recognize notices sent via email or WhatsApp as valid under Section 138 NI Act if they fulfill the requirements of Section 13 of the IT Act, deeming them served on the date of dispatch.

This ruling reflects the judiciary's adaptation to evolving communication methods, underscoring the legal validity of electronic notices in cheque bounce cases and contributing to the efficiency of legal processes.

Author: Anushka Taraniya

News writer, MIT ADT University