Reply legal notice.

This query is : Resolved 
 

(Querist)
01 July 2011

How to make a reply of notice under section 138 negotiable instrument act and 420 ipc? Please geve us a basic format for the same.

Thanks


DEFENSE ADVOCATE.-firmaction@g (Expert)
01 July 2011

As far as possible the reply should be avoided unless you have competant legal advice since your reply will be binding on you.

Ajay Bansal (Expert)
01 July 2011

Make reply according to facts of matter,upon which accused wants to defeat complaint against him.However it is better to avoid giving reply as said above by YOUR ADVOCATE.

M.Sheik Mohammed Ali (Expert)
01 July 2011

yes, i do agree expert query reply.

shrikant (Expert)
01 July 2011

pls contact local lawyer

Ravikant Soni (Expert)
01 July 2011

Replying a notice is a double edged weapon.
It can be treated as your admission in a trial.


So you are suggested to consult a Learned Lawyer.

Adv. Sunil (Expert)
02 July 2011

Reply the notice. If you fail to reply, the allegations mentioned therein becomes applicable and prima facie a suit can be filed u/s. 138 NI Act. Reply letter is based on your version as to whether you need time to repay the money or you do not have to pay the same. Accordingly a reply can be drafted stating the reasons for the dishonour. Also always state that the Cheque for issued to be kept as SE$CURITY for the sum payable, which was never intended to be paid vide that cheque.

DEFENSE ADVOCATE.-firmaction@g (Expert)
02 July 2011

Mr Basal and Soni has given the proper course. IN NORMAL COURSE YOU MUST NOT REPLY ANY NOTICE U/S 138.

So that you can take large no of defenses at trial. Starting from your blank signed cheque was missing, it was a stale cheque given for earlier transection and even it is not your signature but some body else has signed on your behalf and so on and on.....

Gulshan Tanwar (Expert)
02 July 2011

The best way to give reply is to send him a reply with blank paper and then see what he is going to do; and also let the court send you its love letter.



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