validity of legal notice in 138 ni act case

vinod bansal (Querist) 01 May 2010 This query is : Resolved
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I am representing the accused in a complaint us 138 NI Act,in cross examination counsel for the complainant admits that he sent legal notice to accused only on the oral instrustions of the complainant,what is legal value of such legal notice which was issued only on oral instructions without getting any power of attorney signed by complainant.Kindly enlighten me regarding this given situation.Thanx

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Gulshan Tanwar (Expert) 01 May 2010
Whether it has been received by the accused and exhibited in evidence and also you can make a statement regarding the same. It is valid.

Arvind Singh Chauhan (Expert) 01 May 2010
It is valid unless complainant deny his oral instruction.

Parveen Kr. Aggarwal (Expert) 01 May 2010
A counsel may send legal notice even on oral instructions of his client and no legal provision makes it mandatory for a counsel to serve legal notice only after getting instructions in writing. The legal notice cannot be said to be not validly served only on this ground.

vinod bansal (Querist) 02 May 2010
Thanx 2 all

Krishnamurthy Ramdas Iyer (Expert) 02 May 2010
There is nothing wrong in issuing legal notice on oral instructions.
It is a prudent practice to have the client countersign the same and question of denial in future can be avoided

vinod bansal (Querist) 03 May 2010
Thanx again 2 all

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