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quashing of camplaint

Querist : Anonymous (Querist) 06 September 2010 This query is : Resolved 
A CHEQUE WAS DISHONORED AND THE PAYEE SENDS A LEGAL NOTICE ( THROUGH ITS ADVOCATE ) TO THE PERSON WHOSE CHEQUE WAS DISHONORED BUT THE NOTICE WHICH WAS SEND WAS NOT ON THE ADVOCATES PAD AND ON THAT NOTICE NUMBER ALLOTTED TO ADVOCATE WAS ALSO NOT MENTIONED. A COMPLAINT WAS REGISTERED UNDER SECTION 138 OF N.I.ACT. CAN IT BE QUASHED ON ABOVE BASIS ?PLEASE PROVIDE CITATION ALSO IF THERE IS ANY.
nayan joshi (Expert) 06 September 2010
Dear there is no any strong reason for quashing.. once your cheque is dishonored the cause of action will be arise.. and complainant can ask for his demand only, there is no require of advocate or advocate's latter head, and also not require of any act or section, which is mention in his notice.. only simple demand is enough for negotiable..
Devajyoti Barman (Expert) 06 September 2010
If the said letter was within the time as provided for in the Act then irrespective of the fact as you mentioned , it was a very much valid notice and the quashing would be of no help.
Kiran Kumar (Expert) 07 September 2010
notice is a valid one, complaint wont be quashed on this basis.
R.Ranganathan (Expert) 07 September 2010
Mr. Anonymous. I am rather astonished to see such type of questions in this forum. Is it possible to visit your profile and know about you. Such type of questions is offending the lawyers in general and is directly offending them.Notices need not be sent on letter heads and nowadays computer regime has come into existence so computer print out is enough.
Uma parameswaran (Expert) 07 September 2010
Quash petition is not maintainable.
Advocate Rajiv Mishra (Expert) 08 September 2010
it should be in writting and within the time limit thats all.
DEFENSE ADVOCATE.-firmaction@g (Expert) 14 September 2010
These are students querry so please take them lightly , morever it adds spice to the forum.


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