Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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sushovit (owner)     16 September 2011

138 notice

dear all

I am about to get some money from a person. i had a cheque form the very person. the cheque was deposited and dishonered. when i send him the notice of pay back my lawear wrongly mentioned wrong cheque number on that.


please tell me can i re-submit the notice with corrected cheque number?


 4 Replies

Arvind Singh Chauhan (advocate)     17 September 2011

If reissuance of notice is within limitation period you may reissue notive. But make sure that matter should not be time barred. Otherwise such mistake is of minor and clerical nature which has no effect.


no cause of action on that notie..... 

dev kapoor (Honorary Secretary)     17 September 2011

I have already replied your qn.Wring mentioning of Cheque No.,if all other facts are clearlt stated should not be serious tasken by the Court.If you are sure that other facts like,amount,bank,date etc are correctly stated it makes no fatal difference while you lodge a complaint.Mention correct cheque the complainant stasting that this number was typically mentioned incorrectly in the notice.The one thing that you may do,send a SIMPLE CORRIGENGUM of the cheque no.simultaneously when you file complaint like for example...

Dear Sir,

Refer to my notice no...datedd,treat the cheque no..........instead it happened due to typicall error.I have lodged a complaint u/s 138 NIA in the court of........& I have reflected this fact therein also.Court has fixed next dated as .....


Yours etc

I hope no harm will be done.Don't be fussy if the chque was given in order to liquidate 'debt' or clear other liasbility.

laxminarayana (Advocate)     19 September 2011

i agree with dev kapoor and go throw it.

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