Legal Question in Criminal Law in India

legal notice of u/s 138 -cheque bounce

1)is it manadatory to send a legal notice thru a lawyer only. 2) can i send it signed by me? 3) can the legal notice be sent by FAX? 4) can i send 2 legal notices for the same issue as the accused had given me another cheque for same amount of the earlier cheque which had bounced.he did not take the earlier cheque back but issued a fresh cheque which also bounced.5) will the 2nd notice nulify the 1st notice?


Asked on 7/20/09, 9:33 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: legal notice of u/s 138 -cheque bounce

1. No. The payee may send a notice;

2. Yes.

3. The notice should be sent by REGISTERED POST.

4. One one notice is required to be sent for one transaction.

5. The second notice may be made the basis of prosecution u/s 138

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Answered on 7/20/09, 11:27 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: legal notice of u/s 138 -cheque bounce

as the first cheque was given in discharge of his earlier cheque, only one notice would go preferably through a lawyer.

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Answered on 7/21/09, 12:46 am

Re: legal notice of u/s 138 -cheque bounce

You can claim amount s through a lawyer. Legal notice should be through an advocate. your date on cheque should not exceed 6 months.

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Answered on 7/21/09, 3:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: legal notice of u/s 138 -cheque bounce

1. No.

2. Yes.

3. Some case laws approves of this mode. But if you are not sure about proving it, avoid.

4 & 5. A case U/s.138 is maintainable only in respect of legally enforceable debt or liability.

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Answered on 7/21/09, 4:45 am


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