Legal Question in Criminal Law in India
Can the payee sent 138 notice or it should be through a lawyer?.
Secondly, due lockdown situation can we sent the said notice by email instead of registered AD.
2 Answers from Attorneys
Notice means knowledge. Notice to drawer means drawer must know that the cheque drawn has been dishonoured. So, the said knowledge of dishonor may be given by the payee himself or through his lawyer by any mode. It is thus not rocket science. Payee may send such notice either by conventional post, courier, email and even by WhatsApp as many high courts have accepted service through whatsapp.
I second the view of Advocate Vishwa, my colleague. However I must state that the notice should be vetted by a lawyer and then send across, through at least any two of the modes stated by Advocate Vishwa Arya
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