Question

In which case, it was held that a demand notice sent through email or WhatsApp is a valid notice under Section 138 of the Negotiable Instruments Act, as long as it meets the requirements of the Section 13 of Information Technology Act, 2000?

• A. M/s. Lyka Labs Limited and ors. v. State of Maharashtra and anr. (2023)
• B. Rajendra v. State of U.P and anr. (2024)
• C. Bijoy Kumar Moni v. Paresh Manna (2024)
• D. Pramod R. S. v. State of Karnataka (2023)

Hint:

The law evolves with technology. Courts now generally accept electronic communication (like email/WhatsApp) as a valid form of "written" notice, provided its delivery can be proven.

Answer 1

The Correct Option is B

This hypothetical question tests the application of modern technology to traditional legal requirements.
Section 138 of the Negotiable Instruments Act, 1881, requires a written demand notice to be sent to the drawer of a dishonoured cheque.
The Information Technology Act, 2000, gives legal validity to electronic communication.
In a scenario like the one presented in the hypothetical case of Rajendra v.
State of U.
P.
(2024), a court would harmonize these laws.
It would hold that electronic means like email or WhatsApp can be a valid mode for sending a legal notice, provided it can be proven that the notice was sent and delivered to the recipient, thus fulfilling the requirements of both a "written" notice and a valid electronic dispatch under the IT Act.