sec 138 of N I Act

Querist : Anonymous (Querist) 15 September 2010 This query is : Resolved
We had issued notice U/S 138 of N I Act in respect of dishonor of cheque without my clients signature and we also forgot ourself sign on it, within due time limitation under the said Act. the notice was served.
we had not received any answer from other side within time stipulated in the notice.
further date of cheque in the notice was differs from actual cheque date due to typing mistake.
Now we had lodged complaint in the proper court having jurisdiction to entertain the matter within the due time limitation as per the said Act.
now problem before us is that, is court decide matter on merits. & what happened about Cq. date mismatched with notice and non sign of notice.

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Devajyoti Barman (Expert) 15 September 2010
Some trouble is definitely going to happen. I would suggest you to exhibit a corrected copy of the notice and if the accused oppose and dispute then feign ignorance and insist on the corrected notice only. The court could not determine what was there in the envelop when you sent the notice.

s.subramanian (Expert) 15 September 2010
No it is not a valid statutory notice at all.

It cannot be cured in any manner at this stage.

R.Santha Moorthy (Expert) 15 September 2010
Yes! It can be cured with proper and necessary pleadings in the complaint as the mistake erupted by inadvertence and oversight and advancing arguments as the accused ought to have sent a reply for your notice even though it has not been signed or sent with some mistake.