Anony mous (NA) 21 January 2010

Section 138 - Can payee send notice?

When a cheque issued by a person is dishonoured, can a payee send a notice by himself to the drawer, or should he send only through an advocate?

A person issued me a cheque and it got dishonoured due to insufficient funds. It has been 13 days, since I got intimation from bank

My advocate friend is occupied with personal commitments for next 10 days. I do not know other advocates also. This person is my friend for the last 3 years

1. Can I send a notice directly to the drawer?

2. The drawer has shifted his address. He has not given me the new address. When checked with his bank, thereto his old address is only there

What should I do now?

Pl help

Would be happy if someone can post the template for sending the notice

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11 Replies

R.R. KRISHNAA (Legal Manager) 21 January 2010

Find some other advocate to issue the legal notice. Though it is permissble for the payee to issue the notice, don' t take the risk of issuing legal notice by yourself. If you are unable to find the new address of the drawer, notice can be sent to old address.

(Guest)

It is better in all above mentioned circumstances, you contact any lawyer.

K.C.Suresh (Advocate) 22 January 2010

Payee can send a notice. Beware one thing. A letter sending to the other party just after bouncing of the cheque with all temperoments in the words also will be considered as a notice. So when sending the notice you must avoid unncecessary feelings. just say that "the cheque you have given for such and such dues or liability is bounced. You shall give the money with in 15 days from the receipt of the notice. This is what the law requires you to do.

Send the notice in the old address if limitation hits you. You have 30 days time from the receipt of the Memo from the bank. If time is there enquire the new address. if not avai;able send it in the old one law requires that much from you.

1 Like

Adinath@Avinash Patil (advocate) 23 January 2010

PAYEE CAN ISSUE NOTICE TO DRAWER AS SURESH SAID BUT IN MY OPINION YOU CONTACT LOCAL ADVOCATE .

CS Pooja (Company Secretary) 23 January 2010

I agree with Mr. Suresh

Anil Agrawal (Retired) 24 January 2010

If you know how draft the notice, send it yourself filling all the requirements. If the stage of filing a complaint arises. engage a lawyer.

PRANAV S THAKKAR (ADVOCATE) 31 January 2010

SIR,

Complainant can send the notice, but not advisable! because when By an advocate, if the notice is issued n has been sent then the case will be strong from beginning.Even advocates have enough knowledge of proper words by his drafting experiences that you will get result from the opposite party, so as per my opinion, hair an advocate and send effective notice!

Anil Agrawal (Retired) 31 January 2010

There is nothing in the notice that requires the skill of an advocate. I assume that those who are participating in discussion in LCI have enough in them to draft and send the notice themselves.

KOUSIK ANANDA GURU (LAWYER) 01 February 2010

In any case either the payee or through an Advocate notice can be served. There is no mandatory provision that notice through an Advocate can only be sent.