Legal Question in Criminal Law in India

Under Section 138 Negociable Instrumental Act

Sir, what may be happened with me if suppose I send a legal notice to party that issue me a cheque, twice ? And since the period between two notices is around 50 days. And the complain registered on second notice and on trial I denies that I won't send the first notice ?


Asked on 2/17/07, 5:30 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Under Section 138 Negociable Instrumental Act

nice question ......... your case can suceed if u have a good advocate with you.

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Answered on 2/18/07, 1:04 pm
mrugank patnaik msnp

Re: Under Section 138 Negociable Instrumental Act

The period of limitation will barred in 2nd notice.

consult with lawyer with all detail.

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Answered on 2/17/07, 9:25 am

Re: Under Section 138 Negociable Instrumental Act

It seems that a cheque was issued which was dishonoured,hence, you had issued a notice and thereafter probably second cheque was given to you which also dishonoured and issued a notice and thereafter you had filed the complaint. If that is the position then nothing wrong even if you accept the issuance of first notice because dishonour of second cheque gives you a fresh cause to file the complaint.Nevertheless, if you deny the issuance of first notice and in other word if you make a wrong statement in court on oath then the same would ammount to perjury to the court and you will be in great trouble.

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Answered on 2/17/07, 11:58 am


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