[Dishonour Of Cheque] Once Intention Of Drawer To Not Make Payment Is Clear, Drawee Need Not Wait For 15 Days To File Complaint: Allahabad High Court

While interpreting Section 138 of the Negotiable Instrument Act, 1881, the Allahabad High Court has held that once the intention of the party is clear that it does not wish to make payment, the Complainant need not wait for the minimum period 15 days.”In the case in hand, the petitioner herein replied to the notice which goes to show that the intention of the drawer is clear that he did not wish to make the payment. Once this is clarified, should the complainant wait for the minimum period of 15 days, the answer would be ‘no’,” a Bench of Justice Dr. Kaushal Jayendra Thaker has held.