Response or no response to Notice
1 When Notice is not replied despite receipt of the same, it is a material circumstances against the accused.
2 The silence of the accused after the receipt of demand notice would have a bearing to the defense he would take in the trial.
3 The nature of response or no response to statutory notice would have a bearing to the nature of stand / defense taken by Accused in the trial.
4 It is essential for the person to whom statutory notice is issued u/s 138 of the NI Act to give an appropriate reply. The person concerned is expected to clarify his or her stand.
5 Unless the Accused takes the stand in reply to statutory notice that complainant has no financial capacity to lend such amount of money, the complainant is not obliged to lead evidence in that behalf.
6 The failure of Accused to respond to statutory notice would be a significant factor in evaluating the defense of Accused at the Trial, as if Accused succeeded in rebutting the presumption.
7 The object of notice is to give a chance to the drawer of the cheque to rectify his omission and also to protect honest drawer.