138 notice based on affidavit cum declaration

Mayuresh Gujar (Querist) 12 May 2011 This query is : Resolved
sir

i want to send notice u/s 138.

notary affidavit cum declaration given by the party to my client.

so can i mention all the terms and conditions of that in the 138 notice or just:-

"You have made affidavit cum declaraation from my client Towards the said outstanding dues under that affidavit cum declaration you issued to my client the following cheques"

or other type something

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Guest (Expert) 12 May 2011
if a cheque is given by the party and the same has been dishonoured send a legal notice by complying the sec. 138 of N.I act . the other details of notary affidavit is not necessary at this point of time. only you have to claim amount by way of legal notice under 138 of NI act.

Mayuresh Gujar (Querist) 12 May 2011
thank you sir

Devajyoti Barman (Expert) 12 May 2011
You need not give reason behind drawing the cheque. Formal asking to pay the amount covered by the cheque is sufficient.

ANIL AGARWAL (Expert) 13 May 2011
Legal need of a valid notice is cheque details, date of deposit, date of dishonour and demand for cheque amount.Notice must be posted within 30 days from date of dishonour. Details of liability, at this stage, is not necessary. Suffice to mention that the cheque is issued in discharge of legally enforceable liability.

malipeddi jaggarao (Expert) 14 May 2011
And also one of the presumptions under NI ACT is if a cheque is drawn, it is drawn for consideration. The affidavit will be a supporting evidence in case the drawee disputes the consideration.

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