NOTICE UNDER SECTION 138 of NEGOTIABLE INSTRUMENT ACT
Yes, the demand notice is mandatory under section 138 of the NI Act; in Shakti Travel & Tours v. State of Bihar, (2002) 9 SCC 415 court observed that it is mandatory to serve the notice for maintainability of case of cheque bounce. In a case where a cheque bounced and notice is not served and a complaint is filed under section 138 or in a case where a notice is served however, a complaint has been filed before the completion of 15 days provided in section 138 (c) will result in non-compliance of the procedure provided under the law.