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Abhishek Sharma (Lawyer)     26 July 2011

138 Negotiable Instruments Act

Sir,

           I have filed a complaint under section 138 NIA. Before filing the complaint, I Have send a legal notice to the accused on behalf of my client which is signed by me (as counsel). But at the time of filing the complaint, the copy of the Legal Notice  i filed alongwith the case does not bear my signatures. Is it fatal for the complaint and if yes then is there any remedy for this now???



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 6 Replies

THANKACHAN V P (Advocate & Notary)     26 July 2011

It will never become fatal even if it is known to otherside.

advbharathase@yahoo.co.in (advbharathase@yahoo.co.in)     26 July 2011

Oh If the officec copy is signed by the complainant, it will be exhibited.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     27 July 2011

Office copy is a private copy now and hence no value in law, this mistake is sufficient to demilish the case.

CHEQUE BOUNCE VICTIMS NOTE THAT THERE ARE MORE WAYS TO COME OUT THAN PUNISHED.

sunny (lawyer)     27 July 2011

You can file another copy of the notice bearing with ur signature at the time of evidence, when u will file the affidavit of the applicant.

Abhishek Sharma (Lawyer)     01 August 2011

Sir,

             can you tell me if any judgement in my favour supports my case???????

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     14 August 2011

Mr Sunny just read some of the citations in this matter. These are finer points overlooked by both sides which may change the result of the case.


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