Dear Sirs,

I have a cheque from my business partner and it had bounced when I presented.  I sent a legal notice through an advocate in Pune.

At the time of sending notice, we are not sure of old (Year 2009) transactions whether they were done via cash/cheque.  But we are sure of year 2010 transactions, so we mentioned about year 2010 in the legal notice . But we said 'over the time' money was given. The remaining details such as cheque number, amount, date when presented and bounced etc all are correct.

Partner had replied to my notice saying only part of the money was taken (what ever is taken in year 2010 amount) and complained that the rest  is not taken, and so he is not liable to honor the cheque. 

Now after seeing old bank statemnets, we found out that there are two more cheques paid in 2009.  So question is can we show those also as proofs in the Court when the case comes to hearing. ? Or Court will not consider old proofs because that is not mentioned in the legal notice?

Any rules on what should be the contents of the notice about the details of money lent  to the accused (when and how amount etc)?

Do we need to mention it correctly or Court will not consider those as long as demand is made for the payment of amount for which the cheque is drawn through the legal notice?

While filing the case can I also include 2009 and 2010 payment details and show it as proof and prove that he is lailble to pay me that money for which he has written cheque with his own hands and signed? 

Please advice..
 

you ahve in legal  notice mentioned over period of time payment was made . in reply accused has denied and stated only part of payment was made . you cna in complaint mention detailed particulars  when payments  were  made . what is important is total maount mentioned in cheque dishonoured should tally with payments made by you to accused .

Section 138 is very clear that the cheque should have been given in discharge, in whole or part, of any debt or liability. If you are not able to prove debt or liability then 138 will not apply. You have to prove to the satisfaction of the court that there existed debt or liability equivalent to the cheque that was issued and that got bounced. The onus is on you to prove the debt or liability equivalent to the cheque.

Dear Ajay Sir,

The amount exactly doesn't tally as some amount is given via cash.

But there is definitely some  more amount  given via cheque in year 2009 which is not mentioned in legal notice. 

For example, cheque is for 10 Lakhs which is bounced.

2010,  through cheque I paid 6 lakhs.

2009 Through cheque I paid 2 lakhs.

Remaining 2 lakhs cash paid ( no prrof for that)...

He is claiming only 6 lakhs is given...

I can show the 2010 and 2009 cheques (total 8 lakhs) and prove his claim is false?

Please advice... 

A notice under section 138 NI essentially mandates demand of amount of dishonoured cheque within prescribed period.

In case there are some errors in respect of other matters like details or dates of payments, which was to be repaid by dishonoured cheques, then same could be rectified during filing petition of complaint.

Thank you Sir, does anyone disagree to the point that

"In case there are some errors in respect of other matters like details or dates of payments, which was to be repaid by dishonoured cheques, then same could be rectified during filing petition of complaint."

Please respond.....

No rectification / amendments allowed. If basic departure from notice to complaint it is fatal.

JSDN Sir,  the amendement described above may  NOT be fatal since the petiioner can/willing to show the valid proofs (as they are cheque payments) to the court, do you agree Sir?

If your stament about "rectifications is not allowed" is true, It is very SAD that there is no way we can add/correct the details which were there in notice when we are filing the complaint.  Are you doubly sure?

Other senior/experienced experts, any inputs..? Please share....   

Why sad , the other side has also rights , you are not allowed to have a roving trial.