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Such cheque should have been presented to the bank within a period of six months
of the date of on which it is drawn or within the period of its validity, which
ever is earlier; and
The payee or holder in due course of such
cheque should have made a demand for the payment of the said amount of money by
giving a notice, in writing, to the drawer of the cheque within thirty days of
the receipt of the information by him from the bank regarding the return of the
cheque unpaid; and
The drawer of such cheque should have failed
to make the payment of the said amount of money to the payee or the holder in
due course of the cheque within fifteen days of receipt of the said notice.
The
cheque in question should have been issued in discharge of whole or part of a
debt or liability otherwise the maker of the cheque is not liable for prosecution.
For example if the cheque is given as a gift or present and if the bank dishonours
it the maker of the cheque is not liable for prosecution.
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