SC: Service of summons and notices allowed through Whatsapp, via E-mail & Fax; RBI permitted to extend the validity of the cheque

The Chief Justice of India S.A. Bobde expressed his concern over how it was brought to notice of the Court that visiting post offices for services of notice, summons, pleadings was not possible and such services may be done through email, fax and other instant messenger services like Whatsapp and other telephone messenger services.

The Supreme Court bench comprising of Chief Justice S.A. Bobe, AS Bopanna, and Subhash Reddy permitted all methods to prove a valid service on a party.

The Apex Court owing to the lockdown due to Coronavirus Pandemic permitted RBI to extend the validity of cheques.

Based on the direction of the Court, Senior advocate V. Giri appearing for RBI had circulated the note regarding the validity of cheque under S.138 Of N.I. Act. Further, he submitted that the RBI was looking to clarify the validity of a cheque which has been reduced to 3 months from 6 months. The counsel on behalf of RBI sought permission to respond in a one-page note, on behalf of RBI, on the limited question of cheque validity. The matter was adjourned by the Court to July 10.

It was also submitted that the RBI was the appropriate body to deal with the issue with regard to the extension of limitation under Section 138 of the Negotiable Instruments Act, 1881. The bench noted that the RBI was asked by the Union to decide on the period of extension under S.138 of the N.I. Act.