Is legal notice is mandatory while filing PCR in Ni Act 138

If notice is not received, then also magistrate can proceed ahead with the case as the accused is now aware that a case is filed for cheque bouncing and can settle the matter or else trial will begin.

Regards

Adv. Rohit Dalmia

9324538481

I m of d firm belief dat Notice U/sec. 138(b) NI Act is 2b addressed to Accused for d complaint. Complainant is obligated 2 sent said notice 

Thanx

Lawtech Consultants

Tel.(O) 022 - 22644453

Legal Notice is notice not mandatory in civil matters.       There's only one disadvantage if Legal Notice is not sent.     If the Defendant agrees to the demands of the Plaintiff without contesting, the Defendant need not pay the Court Fee or Advocate's Fee paid by the Plaintiff.       If the Defendant doesn't accept the demands of the Plaintiff even once, absence of Legal Notice makes no difference.

Legal Notice in criminal matters is, though not illegal, unnecessary.       If the Accused chooses not to reply, it'll not matter at all.