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?
4 Answers from Attorneys
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
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.
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.
Regards
Advocate, M: 09814110005
We also deal in every High Court of India.
For detailed query feel Free to Contact us
We have a team of Advocates, having office in almost every High Courts of India
Our team consist retired judges and Senior Advocates also.
We are able to guide and solve the cases efficiently.
We also have channel partners in various other countries also.
We strive for your rights.
Good Luck.
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.
Related Questions & Answers
-
Sec 420 ipc dear sir, one travel agent in mumbai on 25 / 5 /09 made me swipe my... Asked 7/19/09, 3:44 pm in India Criminal Law
-
Misappropriation of ancestral property my father has sold property of my gand/great... Asked 7/18/09, 7:26 am in India Criminal Law
-
Return of Cheque A cheque has been returned as 'exceeds arrangement'. What should I... Asked 7/18/09, 1:51 am in India Criminal Law
-
Criminal - IPC 324,347,504&506 I & my mother were booked under 498A on... Asked 7/18/09, 12:29 am in India Criminal Law
-
Complainant evedence Court is directed to lead complainant evidence in 156/3 case.... Asked 7/17/09, 10:27 am in India Criminal Law