Held, For attracting S. 138, as per proviso (b) a demand notice demanding the “the said amount of money” needs to be made by the drawee of the cheque (Para 26) and an omnibus demand notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Para 27. Further, when a part-payment of the debt is made after the cheque was drawn but before the cheque is encashed, such payment, held, must be endorsed on the cheque under S. 56 and the cheque cannot be presented for encashment without recording the part-payment. Therefore, if the unendorsed cheque is dishonoured on presentation, the offence under S. 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment. Para 33
[Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, (2023) 1 SCC 578]