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138 n.i.act cases

(Querist) 22 March 2010 This query is : Resolved 

Sir,

In 138 N.I.Act Notice, the word liability or debt should be mentioned in the notice, further, dues from the accused mentioned notice is it suffucient for 138 N.I.Act notice, please comment on this.

RADHA PYARI SRIPADA (Expert) 22 March 2010
demand for repayment within 15 days should also be made obviously.
Sachin Bhatia (Expert) 22 March 2010
You can only demand cheque amount in notice u/s 138 of N.I. Act.
Parveen Kr. Aggarwal (Expert) 22 March 2010
A demand notice under section 138 of the Negotiable Instruments Act, 1881 contemplates not only the particulars (names and addresses etc.) of the payee and the drawer of the cheque but also the full particulars of the cheque as also a SPECIFIC DEMAND OF THE CHEQUE AMOUNT.
B K Raghavendra Rao (Expert) 23 March 2010
As expressed by you, you should mention that the cheque was issued towards discharge of legal liability which fact is vital for the determination whether the case falls within the ambit of NI Act or not.
rupareliya (Expert) 24 March 2010
AGREE WITH PARVEEN BUT NOTICE SHOULD BE GIVEN IN 30 DAYS FROM RETURN MEMO OF THE BANK


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