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Discussion > Criminal Law > Cheques > Legality of Legal Demand Notice of cheque Bounce   Unanswered Threads Post New Topic

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There are 6 Replies to this message


RAKHI BUDHIRAJA


LAWYER, SUPREME COURT OF INDIA
[ Scorecard : 10681]
Posted On 24 March 2009 at 16:56 Report Abuse

A has got a legal notice from a lawyer on behalf of B. A had got that notice through Registered AD/ UPC for same cheque (suppose 123456). But in both copies there are so many controversies. Like in RegiStered AD the lawyer is writing that A had taken a loan amount of Rs. 1,00,000/- in the month of May 2008 & A had returned Rs. 40,000/- in cash & gave a cheque bearing no. 123456 of dated 15/02/09 for Rs. 60,000/- which after presenting with the bank got dishonored. Then in UPC again the same lawyer is writing about the dishonour of the same cheque bearing ther same no. but the loan amount had been changed from one lac to one lac fifty thousand &paid amount also changed from 40,000/- to 90,000/-, the date of providing oan changed from may 2008 to may 2006. The cheque no. is same.

Now tell me how a single/same cheque can be issued in two different transactions. & whether the legal notice is lefal or infactuas?



RAKHI BUDHIRAJA


LAWYER, SUPREME COURT OF INDIA
[ Scorecard : 10681]
Posted On 24 March 2009 at 17:12 Report Abuse

A lawyer has issued a legal notice tp A for dishonor of cheque on behalf of B. He has send notice through registered post & UPC as well. He mentioned the loan amount in Notice of registered post as one lac on may 2008 out of whic 40,000/- had been paid & a cheque bearing no. 123456 had been given to B of Rs. 60,000/- whic got dishonoured. In notice of UPC he wrote that loan amount of Rs. 1,50,000/- instead of one lac on may 2006 instead of may 2008, paid amount as 90,000/- instead of 40,000/- & issued the cheque bearing no. 123456 of Rs. 60,000/- My question is how the same cheque can be issued in two different transactions?


Is the legal demand notice legal or not?


If yes/no how?


How I can defend?


What reply I should give in Reply to the different notices for same cheques?


Plz Advise as urgent.


PARVEEN DEEPAK ARYA


ADVOCATE
[ Scorecard : 114]
Posted On 24 March 2009 at 23:14 Report Abuse

please clear whether the notices are under the provisions of N.I.act or for suit for recovery.


B.N.Rajamohamed


advocate / commissioner of oaths
[ Scorecard : 520]
Posted On 25 March 2009 at 07:37 Report Abuse

Has he mentioned the date of cheque in your notice? If he has mentioned it you can send a reply notice stating your question of law that no single cheque be issued for two different transactions. If he has not mentioned then you can wait till the complainant side evidence is closed. See whether he files both the notices in the trial.


In face of the record the notice is defective.


RAKHI BUDHIRAJA


LAWYER, SUPREME COURT OF INDIA
[ Scorecard : 10681]
Posted On 25 March 2009 at 11:55 Report Abuse

Dear Sir, The notice is issued under NI Act. & he has also mentioned the date of presentation of cheque as 05/02/09 which got dishonoured & the complainant got the information on 24/02/09.


PALNITKAR V.V.


Lawyer
[ Scorecard : 10744]
Posted On 27 March 2009 at 16:31 Report Abuse

Perhaps the notices were sent by two different advocates. Any way, it is difficult to say which of the notices is illegal unless we know the real amount of the transaction, real amount paid as per your version. Go ahead with the replies as instructed by your client. Because the client knows what are the real facts and it wont be proper for me to tell what should be the reply. If you feel it proper, let me know what are the instructions of the client and then i can suggest what can be the reply.


Kiran Kumar


Lawyer
[ Scorecard : 16468]
Posted On 27 March 2009 at 18:04 Report Abuse

well Rakhi notice UPC is not equivalent ot Regd. Post......Post sent or recieved through Regd. Post will be considered more important....it is one thing.


seek instructions from your client about the actual amount....however u may declare both the notices to be illegal since there is a big difference about the facts.....u may reply to both in a single reply.......may ask for clear and true details from the sender.



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