Legal Question in Criminal Law in India

iam the complainant in 138 cheque bounce case and there are two cheques involved in this case which is filed in the city magistrate court. I had not informed my advocate about the present of the fist cheque which i did it seven months before the representation of both the cheques and issuing a legal notice. when the first cheque dishonored i had issued a notice demanding the payment within 15days or else i will move the criminal court under 138 NI act. This information i had not divulged to my advocate. Today when there was a cross of me the aaccused advocate showed me the notice which i had sent it earlier and i have to accept it and of course i had denied the reply sent by the accused . Now my advocate says since two notice had been issued so there is less change in winning the case. Can you help me ? is it true that if two notices had issued for one cheque and in the second notice we clubbed the second cheque and sent it will the notice for both the cheque will be infarious? Please guide. Kindly give me some court reference if it is true.


Asked on 7/20/11, 6:01 am

4 Answers from Attorneys
Manoj Lekhi Lekhi Associates Advocates

yes it is

Read more
Answered on 7/20/11, 7:21 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

issuance of two notices defeats the complaint u/s 138 of NI Act. it is better if you file a civil suit for recovery under order 37 of civil procedure code.

Read more
Answered on 7/20/11, 9:49 pm
Shrichand Nahar S.V.Nahar, Advocate

Advice of your lawyer is correct.

Read more
Answered on 7/22/11, 4:20 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i too agreed

Read more
Answered on 7/22/11, 10:12 pm


Related Questions & Answers

More Criminal Law questions and answers in India