Legal Question in Banking Law in India
SIr,
My husband gave my cheque to a private finance person as a security for a loan of Rs 2,50,000 three years ago. One year ago my husband told me that he has repaid that loan. But at that time I did not ask him about the cheque. He is no more now. But that finance person made my cheque dishonour few days back and yesterday he treatens me that he is going to file a case against me. I heard that to file a civil as well as criminal case, one has to issue a legal notice. Is that right? Or can he able to file a criminal case directly? Becoz I want to know at the time he issues notice to me, can I answer to him through a lawyer with my facts?
1 Answer from Attorneys
Yes Notice is a must in criminal proceedings and he cannot file a complaint without issuing a notice u/s 138 N.I.act . Yes you can answer him through your lawyer.
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