Is there any value of legal notice?

Querist : Anonymous (Querist) 11 July 2011 This query is : Resolved
Hi All,

If the other party sends a legal notice to us mentioning the facts signed by himself and his lawyer and thereafter in the petition makes different facts and makes completely changed story and changes even the dates of events, files the same legal notice in the court along the complaint. Then is there any significance of legal notice? Does it hold any relevance? Does this discrepancy holds any legal value in fighting criminal case.

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Swaroop Godbole (Expert) 11 July 2011
(it seems that you are referring the criminal case u/s 138 negotiable instruments act)
1. legal notice has much & real value in the eyes of law
2. if the changes are clerical then can be rectified after pointing out them on their own.
3. if the client/complainant admits in his evidence/cross examination that such facts in notice are true, then he will be caught for stating false/wrong statement in complaint
4. if he denies the facts in notice then his advocate will face trouble
5. if the contents of the notice comes to be untrue, then verify it with the cause of action written in the complaint at the time of final argument and argue on the line of no-cause of action
6. if there is no service of valid notice then i doubt any offence has been committed u/s 138 !!

prashant pundhir (Expert) 12 July 2011
If the suit is entirely different from that of the legal notice and submitted before the the court on behalf of that,then the suit is not maintainable .The case will get discharge on the stage of the charge .

Advocate. Arunagiri (Expert) 12 July 2011
Yes the informations given in the legal notice is having legal value.

Querist : Anonymous (Querist) 12 July 2011
Good Question !

The complaint states that meeting was held on dd.mm.yy and then the good were dispatched to the respondent on the same date itself dd.mm.yy.
However in the petition changes that the meeting was held on dd.mm.yy however the good were dispatched to the respondent to ab.cd.ef a different date well 6 months after the mentioned dd.mm.yy.

What does it show? Whats ur opinion