Condonation of notice under nia 138

K. P. Boda (Querist) 30 June 2015 This query is : Resolved
Dear Experts, in a matter pertaining to cheque bounce case, a mandatory prior intimation notice has not been served to the defaulting party by lawyer. What is the possibility of getting it waived to proceed in the matter?-Regards.

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Raj Kumar Makkad (Expert) 30 June 2015
If there is validity of the cheque, present it again before the bank for collection and thereafter serve the legal notice to the accused as per procedure.

Advocate Bhartesh goyal (Expert) 30 June 2015
Before filing complaint of cheque bouncing,it is mandatory to send demand notice for cheque amount within 30 days of dishonour of cheque.if validity period of cheque exists then present the cheque again for collection of cheque amount and if the cheque get bounced then send the notice within prescribed period.