Negotiable Instrument Act.
arun shokeen
(Querist) 07 January 2011
This query is : Resolved
Hello to all Experts.
Sir, in a Sec- 138 of N.I Act case legal Notice was issued from My side ( Complainant ) in that from the side the Respondent 10 cheques were issued and in legal Notice i sent for all 4 complainants four legal notice in every Legal Notice i mentioned complete details of 10 cheques and the cheques issued to my clients, in all the legal notice prayer clause i mentioned to make the payment of aforesaid cheques issued to my client.
Now on consideration Hon'ble court raise the question by stating that because amount not mentioned in Prayer clause legal notice not comply all the requirements need in sec- 138 b of N.I. act . Now i find few authorities which specified that in legal notice the amount of dishonoured cheques need not to be mentioned whats neccesary is demand of dishonored cheque amount.
but thats of 1999 Bombay Hgh court , i need some one of Either Delhi High court or Punjab High court or Supreme court and thats of latest one. It will be a great favor to me. That case is my Sister one so i m under more obligations so please help me.
arun shokeen
(Querist) 08 January 2011
Sir, Preliminary Evidence stage, Consideration for summoning to Accused.
Advocate. Arunagiri
(Expert) 08 January 2011
Clarify where you have not mentioned the amount, in the notice or in the complaint?
