Notice for cheque dishonour
P.C. Joshi
(Querist) 05 July 2012
This query is : Resolved
Can a party give notice for cheque dishonouer to the defaulting party directly instead of giving through a lawyer.
Thanks & Regards
P.c. Joshi
H. S. Thukral
(Expert) 05 July 2012
Yes. Only requirement is that the demand should be in writing.
Sudhir Kumar, Advocate
(Expert) 06 July 2012
Yes. you shoudl be able to descrie the cheque, the liability for whose discharge the cheque was issued, reasons for bouncing, full deription of the recipen(s) of notice. and the detail
SAINATH DEVALLA
(Expert) 21 July 2012
Yes my friend, but a lawyer will be able to incorporate legal technical words,which will be the bone of strength for the case.Hence lawyering should be done by a lawyer,doctoring should be done by a doctor and a slab should be laid by an engineer.
V R SHROFF
(Expert) 21 July 2012
Professional help will built your 138 case stronger than notice by common person.
Ans: YES you can , but avoid risk as rightly advised by above experts Shri Sainath and Sudhir.
prabhakar singh
(Expert) 21 July 2012
It is right that section 138 of N I Act is very very technical and it does call for professional advise so better get it drafted
by a lawyer doing such cases BUT DO SIGN THE NOTICE ON YOUR OWN IS MY ADDITIONAL ADVISE BECAUSE SECTION UNDER CONSIDERATION DEMANDS THAT NOTICE TO BE SENT BY PAYEE OR HOLDER IN DUE COURSE.NOTICES ON BEHALF OF CLIENTS CAN BE SENT BY ADVOCATES EVEN ON ORAL INSTRUCTION OF CLIENT BUT IN THESE CASES AS THEY INVOLVE PUNISHMENT THEN DEFENCE MAY PLEAD NO PROPER AUTHORITY LYING IN LAWYER TO SEND SUCH NOTICE ON BEHALF OF PAYEE AS NO POA IS EXECUTED IN FAVOR OF THE ADVOCATE SENDING THAT NOTICE.
