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138 N.I.Act

(Querist) 13 April 2009 This query is : Resolved 
Hi,

Is it mandatory to mention the name of the bank of the complainant in the notice given u/s 138 N.I.Act. If yes what to do if it had been missed in the notice pls suggest.

Thnks & Rgds
Srinivas.B.S.S.T (Expert) 13 April 2009
Section 138 proviso, clause (b) prescribe no form of notice and that requirement was only that notice should be in writing, that be given within 30 days of the receipt of information regarding return of cheque unpaid and a demand for payment of the amount of the cheque be made in the notice.

Central Bank of India Vs. Saxons Farms
AIR 1999 SC 3607.

If you have mentioned in your notice that the cheque has been presented for clearance and it was returned unpaid and demand for payment of the amount covered under the subject cheque within 15 days from the date of service of notice, it is sufficient.
Jithendra.H.J (Expert) 14 April 2009
you can proceed with the case, it is not fatal to your case.
RAKHI BUDHIRAJA ADVOCATE (Expert) 14 April 2009
Yes, Mr. Srinivas rightly stated. I do agree with him.
Sachin Bhatia (Expert) 15 October 2009
Same opinion with Mr. Srinivas


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