Legal Question in Criminal Law in India

Legal Notice u/s 138 of N.I. Act

As for as I know just a simple notice informing the dishonour of cheque is sufficient in a Cheque dishonour case.

The complaint too need not be elaborate and matters which are of evidential nature need not be put in complaint.

Even the list of witness need not be put.

In evidence we have to bring in all the facts and documents any new fact not said in notice or complainant.

Many lower courts are satisfied on the above and the Accused are convicted.

Whether in HIGH COURT a Accused can succeed on the ground that the notice and complaint does not cover the full fact. In the evidence the complainant has brought new facts (not contradictory), and that the complaint be dismissed.

Are there any citations where the Hon'ble Court's support the Complainant.

Are there any citations where the Hon'ble Court's support the Accused.

Presently what is the legal position?

Can any of the club members please answer this, I will be thankful.


Asked on 6/16/08, 9:00 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal Notice u/s 138 of N.I. Act

Contact personally or contact your nearest local lawyer as facts may differ from case to case.

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Answered on 6/17/08, 1:13 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Legal Notice u/s 138 of N.I. Act

Notice informing dishonour of cheque is not sufficient, there should be demand of amount of cheque within prescribed period.

List of Witnesses is mandatory as per provisions of criminal procedure code.

All the facts need to be stated in the demand notice.

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Answered on 6/17/08, 12:43 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Legal Notice u/s 138 of N.I. Act

Please contact personally alongwith the details.

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Answered on 6/17/08, 1:41 am
G. M. Gupta gmguptaandassociates

Re: Legal Notice u/s 138 of N.I. Act

u can consult us on charges for this

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Answered on 6/18/08, 6:24 am


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