Legal Question in Criminal Law in India

Can a person (who issued a post dated cheque as guarantor and anticipating that the cheque is going to be presented on its date) got issued a notice from an advocate on false facts, facts are false can be proved. If got issued what remedy available against the person and a lawyer who sent this type of notice.


Asked on 9/19/09, 6:22 pm

3 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

It depends on facts. You can file a civil suit for declaring that the PDC was obtained by fraud.

You cannot sue the lawyer as he merely notified you based on his client's instructions.

S.Seshadri

Chennai office Phones: 98403 20808 /28515229

emails : [email protected]

[email protected]

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Answered on 9/19/09, 9:15 pm
Shrichand Nahar S.V.Nahar, Advocate

No action appears possible against the lawyer on the basis of facts stated.

False statements in a communication or notice sent through lawyer may not amount to any serious or cognisable offence.

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Answered on 9/20/09, 1:10 am

you can send the reply rejecting the wrong facts. U cannot plead against lawyer

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Answered on 9/20/09, 8:11 am


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