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alvis almeida   10 August 2017

Ni 138 one dishonour 2 notices at 2 different locations

I am in a business of frozen fish. One person approached me to supply fresh fish for a period of time. On his word, I gave him a post dated cheque as a security.  He didn't supply me any fish and now he deposited the cheque without my knowledge.  He have now served 2 notices both with the same contents but at 2 different locations under sec 138 of the ni act. My question is he allowed to serve these 2 notices for 1 dishonour?



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 32 Replies

Nitish Banka (lawyer)     10 August 2017

He may serve you notices at your addresses, you may read my article on Security Cheques

For more details you may discuss your case further

Regards, 

Adv. Nitish Banka

9891549997

alvis almeida   10 August 2017

Sir., but my question is, under ni 138 can he send me for the same dishonour 2 notices at 2 different addresses. The contents are the same on both the notices and same date.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 August 2017

Bouncing of a ball is a fun but bouncing of a cheque is a criminal offence.  The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. So contest the case if the case is filed.

alvis almeida   10 August 2017

Sir, I will definitely contest. We had an understanding on stamp paper stating the the cheque is a security cheque issued against supply of fish and fish related products for a certain period. He has acknowledged the receipt of this document in original and the cheque as a security cheque with his own handwriting and signature. He has not kept his promise of supplying me the fish.

One clarification I wanted was is he allowed to send me 2 notices both having the same contents and the date and for the same dishonour, but send to 2 different addresses within a gap of 2 days

alvis almeida   10 August 2017

Sir, I will definitely contest. We had an understanding on stamp paper stating the the cheque is a security cheque issued against supply of fish and fish related products for a certain period. He has acknowledged the receipt of this document in original and the cheque as a security cheque with his own handwriting and signature. He has not kept his promise of supplying me the fish.

One clarification I wanted was is he allowed to send me 2 notices both having the same contents and the date and for the same dishonour, but send to 2 different addresses within a gap of 2 days

Advocate Bhartesh goyal (advocate)     10 August 2017

Mr Alvis it seems that you have some misunderstanding about notice.complainant would have issued a single notice to you but sent to you on two different addresses .

alvis almeida   10 August 2017

Sir, when you address it to 2 different locations,  it becomes 2 notices. Someone told me that if one comes back unclaimed, then possibilities are there for him to send another one. But since both are served these become 2 notices. Or he should have put cc.

Anil Lalcheta   10 August 2017

He is very much right at his end by serving you two notices..... My advise to you is if the said notice is within notice period then you should approach the court prior to him... This will prove to be a great defence on your part

Anil Lalcheta   10 August 2017

Also you give reply to the said notice.. Mentioning that he hasn't supplied you the said fishes and he's claim is totally irrelevant.... Moreover do mention your readiness to sue him for failing in the contract and giving false notices.....

Anil Lalcheta   10 August 2017

Advocate Anil Lalcheta

Siddharth Srivastava (Advocate)     10 August 2017

No. For each dishonour there should be one notice .

alvis almeida   11 August 2017

Dear Mr. Sidhrart, 

Thanks for the info. Even if the contents and date of issue is the same, is he entitled for one notice? In this case the notice contents are the same , date also is the same, but "To" is addressed to 2 different locations. No cc. And also I received both the notices on 2 different dates.

R Trivedi (advocate.dma@gmail.com)     11 August 2017

He can send you notice to your home address, your office address, your fish shop address, your farm house, your club, by email, by fax........they are all one notice. You should reply taking the cogent grounds. If he has not supplied the fish, and still deposited the cheque, then he will be in trouble sooner or later, but what is the content of his notice? What liability he is talking about?

alvis almeida   11 August 2017

But can he send 2 simultaneous notices with the same matter.


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