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Discussion > Civil Law > Notice under section 138 of negotiable instrument act   Unanswered Threads Post New Topic

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There are 24 Replies to this message


shraddha Shukla


Practicing Company secretary " Corporate Law Consultant"
[ Scorecard : 166]
Posted On 09 May 2011 at 11:02 Report Abuse

Can an indivisual send notice under section 138 of negotiable instrument act or  a lawyer can only send..what are teh steps to be taken to pursue the matter after notice is send by an indivisual if we do not receive the reply.

reply its urgent

regards

Shraddha Shukla



Online certification courses IP, IT and Investment Law


Suchitra. S


Advocate
[ Scorecard : 4730]
Posted On 09 May 2011 at 11:20 Report Abuse

A general notice can be sent by a common man. But notice under S.138 has to be sent through an advocate. After the notice is sent the other party will have 15 days time from the reciept of the notice to reply. You can file a complaint after from 16th day to 30th day after the lapse of 15 days after the other party has recieved the notice.



Total thanks : 1 times


A V Vishal


Advocate
[ Scorecard : 19897]
Posted On 09 May 2011 at 11:21 Report Abuse

A).UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT.SEC.138  A LEGAL NOTICE ON BEHALF OF COMPLAINANT IS TO BE ISSUED TO THE DEFAULTER. IT SHOULD BE ISSUED WITHIN 30 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE. ALL FACTS INCLUDING THE NATURE OF TRANSACTION, AMOUNT OF LOAN AND OR ANY OTHER LEGALLY ENFORCEABLE DEBT AGAINST WHICH THE SAID CHEQUE WAS ISSUED AND THE DATE OF DEPOSIT IN BANK AND DATE OF DISHONOUR OF CHEQUE SHOULD BE MENTIONED IN THE NOTICE.

 B) THE PERSON WHO HAS ISSUED CHEQUE IS DIRECTED TO MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 30 DAYS. IN CASE THE SAID PAYMENT IS MADE WITHIN 30 DAYS OF SERVICE OF NOTICE THEN THE MATTER ENDS.

 C) BUT IN CASE THE SAID PAYMENT IS NOT MADE WITHIN 30 DAYS THEN THE COMPLAINANT HAS TO FILE A CRIMINAL CASE IN THE COURT WITHIN 30 DAYS FROM THE EXPIRY OF  NOTICE PERIOD OF 30 DAYS .



A V Vishal


Advocate
[ Scorecard : 19897]
Posted On 09 May 2011 at 11:31 Report Abuse

SUCHITRA MADAM, MAY I KINDLY CORRECT YOU, FIRSTLY A LAWYER NEED NOT ISSUE A NOTICE UNDER 138 (IT IS ONLY IN VIEW OF THE TECHNICAL COMPLICATIONS THAT THE COMPLAINANT IS ADVISED TO SEEK GUIDANCE FROM LEGAL PROFESSIONALS IN DRAFTING THE NOTICE) AND THE PERIOD MENTIONED BY YOU I.E 15 DAYS IS AMENDED VIDE Act 55 of 2002, sec. 7, for "within Fifteen days" is substituted with " within Thirty days" (w.e.f. 6-2-2003).



Suchitra. S


Advocate
[ Scorecard : 4730]
Posted On 09 May 2011 at 11:37 Report Abuse

Thank you SIr. By the wordings "legal notice has to be sent on behalf of the complainant" I understood it has to be sent by an advocate. How can a common man send "legal notice"?

And I told after 15th day, from 16th day to 30th day complaint has to be filed. I did not speak about when notice has to be issued. I know about the amendment for the limitation for sending the notice. 



AAK


Advocate
[ Scorecard : 793]
Posted On 09 May 2011 at 12:06 Report Abuse

There is no bar that the notice cannot be sent in person. The notice can be sent by an individual. As rightly said by Mr. Vishal its just to avoid the technical complications the Lawyers advice is needed.



A V Vishal


Advocate
[ Scorecard : 19897]
Posted On 09 May 2011 at 12:07 Report Abuse

The act say Notice and not legal notice, I am reproducing the relevant para of S.138,

(a) ...................................

(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and ............



Total thanks : 2 times


Suchitra. S


Advocate
[ Scorecard : 4730]
Posted On 09 May 2011 at 12:16 Report Abuse

Thanks for correction. But it is quiet common for us advocates to think notice as a legal notice. In your first reply you have also mentioned it as a 'legal notice'...   :)



Total thanks : 1 times


cyberlawyer


barrister
[ Scorecard : 586]
Posted On 09 May 2011 at 14:23 Report Abuse

In my opinion a legal notice is different from a lawyers notice. A notice which deals with any provision of law becomes a legal notice. So it is not necessary that legal notice belongs only to lawyers and so it can be send by individuals also.

 

Members correct me if I am wrong…



Total thanks : 1 times


Gundlapallis


Advocate
[ Scorecard : 2501]
Posted On 09 May 2011 at 23:37 Report Abuse

Yor are perfectly right Mr. Javid




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