The Allahabad High Court ruled in a major decision that a demand notice under Section 138 of the Negotiable Instruments (NI) Act may be properly delivered through digital channels like WhatsApp or email.
This ruling is a step forward in acknowledging how communication is changing and how important it is for legal proceedings to use electronic methods more and more. The Situation: The NI Act's Section 138 The Negotiable Instruments Act's Section 138 addresses dishonored checks, which can be a criminal violation if they are returned for any reason, including insufficient amounts. When a check is dishonored, the payee has to demand payment of the check amount within 15 days by sending a demand notice to the cheque drawer.
This decision signals the court’s willingness to adapt to technological advancements, allowing for more efficient and accessible legal processes. The court noted that digital communication, especially through email and WhatsApp, has become prevalent and widely accepted in daily life, making it a reasonable and practical medium for legal notices.
Efficiency and Convenience: The increased efficiency of serving legal notifications is one of the main benefits of this ruling. Notifications can be sent more quickly by email or WhatsApp, and they may be verified using electronic receipts such as read receipts, which eliminates delays and service dispute issues.
Broader Reach: This ruling recognizes that a large number of people, particularly in cities, primarily rely on digital channels for communication. It makes sure that parties who would rather receive notices through these channels are not at a disadvantage.
Decrease in Paperwork: By permitting digital notice delivery, the legal system can lessen its dependency on paper-based correspondence, which will help achieve the more general objectives of streamlining procedural red tape and making the judiciary more environmentally friendly.
Legal Safeguards: Ensuring Proper Delivery Despite the acceptance of digital modes, the court emphasized the need for ensuring proper delivery of the notice. It underlined that the burden would be on the sender to prove that the demand notice was sent to an active and correct email or WhatsApp number. This can be established through delivery reports, read receipts, or other evidence showing that the notice reached the intended recipient.
The court also noted that if a person chooses to communicate via email or WhatsApp regularly, they cannot later argue that such a mode of service is invalid.
The decision by the Allahabad High Court to allow demand letters under Section 138 of the NI Act to be sent by WhatsApp or email is a positive step that takes into account the modern digital world. By keeping up with technology changes, it guarantees that legal procedures remain efficient, accessible, and practical. This ruling is a big step in the direction of developing an Indian legal system that is more technologically advanced and uses digital platforms to facilitate quicker and easier legal procedures.
TAGS: Section 138 NI Act Allahabad High Court demand notice digital notice email WhatsApp cheque bounce legal communication modern judiciary technological advancements
