Legal Question in Credit and Debt Law in India

PROFORMA /Format of Notice u/s 138

I need to serve a notice u/s 138 of the NI Act to the drawer of a cheque, which was dishonored due to insufficient funds.

What is the Proforma or Format I need to follow in writing this notice?

Does it need to be on Stamp Paper and if she does not pay in 15days, WHERE do I file a complaint against her? Which police station? as my city is bombay and she is in Chennai


Asked on 12/14/07, 6:00 pm

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: PROFORMA /Format of Notice u/s 138

You need to consult a lawyer first to issue the legal notice first that would be very much fine. I can send you the draft but it would be in vain as i am not aware of the facts of the transactions AND You can file complaint in Mumbai itself regarding the dishonourment of the payment.

For more assistance please call or mail me.

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Answered on 12/15/07, 1:27 am
G. M. Gupta gmguptaandassociates

Re: PROFORMA /Format of Notice u/s 138

you can file the case wherever u want. the notice is important and therefore i would suggest to get it prpared by a lawyer. ur case depends on it.

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Answered on 12/15/07, 11:50 pm

Re: PROFORMA /Format of Notice u/s 138

You can file complaint at bombay.For rest it is better that you consult a local lawyer for issuance of notice etc.

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Answered on 12/14/07, 8:59 pm


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