The Allahabad High Court recently ruled that notice sent via email or WhatsApp is considered valid under the Negotiable Instruments (NI) Act, as long as it meets the requirements under the Information Technology Act. The Court explained that while the NI Act mandates that notice should be in writing, it does not specify the mode of sending the notice. The Court referred to the Information Technology Act, stating that information given in electronic form satisfies the requirement of being in writing, detailing the procedure for acknowledgment of receipt of notice in electronic form. It concluded that notice sent through email or WhatsApp should be deemed as dispatched and served on the same date if it fulfills the specified requirements. Additionally, the Court addressed the issue of the date of service of notice in relation to complaints filed under the NI Act, stating that it can be presumed that notice has been served within ten days from the date of dispatch if no date of service is mentioned. The Court also issued directions regarding the filing of post tracking reports in cases sent through registered post and declared the validity of notices sent via email or WhatsApp.
High Court Order: Validity of Email and WhatsApp Notices in Cheque Bounce Cases Under NI Act
