negociable instrument act u/s 138

Querist : Anonymous (Querist) 08 January 2011 This query is : Resolved
dear

sir

i was issue legel notice ni act under section 138 to accuse within time limit

but problem was i have no mention date of cheque but mention in cheque ammount

receive from accused .

second problem was not to mention liability ammount

which was legal due?

in notice i only say i receive cheque against your legel due but not mention

my questation was notice maintanable?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 09 January 2011
So what remains in your story.

Amit Minocha (Expert) 09 January 2011
If you have demanded the amount of cheque payable within 15 days of notice, non mentioning of date of cheque in notice need not be fatal. but you should have mentioned date of presentation and bounce.

Advocate. Arunagiri (Expert) 09 January 2011
It is not necessary to mention the date of the cheque, in the notice, it is presumed that the cheque is presented within 6 months, from the date of the cheque.