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Rupesh Gaonkar   02 November 2019

138 NI Act

To whom should one cane send a Legal notice in case cheque issued by firm name for making payment is bounced?


Learning

 4 Replies

Govardhan Varma (Advocate in practice in Crime and Taxation)     02 November 2019

For Sending the Notice :

If it was the firm I will consider as 

Partnership firm: To managing partner name and write the address which is in the firm registration Certificate

Example:

To

Mr.xyz

Managing partner,

Address: ______

______________

 

In case if it was the Proprietor firm then send to the proprietor office or residential address

Adv Deepak Joshi +917017821512 (Advocate)     02 November 2019

take services of advocate for serving legal notice he will take care

Sarthak Nayar   02 November 2019

Send it to the signatory of the cheque directly.  Under the NI Act only the signatory of the cheque can be impleaded as the accused,  with exception of a registered company. Although you can CC to the other members of the firm that is your choice.  

K Rajasekharan (Advocate)     03 November 2019

Yes, notice must be to the signatory of the company, authorised for signing the cheque on behalf of the company.

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