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saurav (private practice)     22 August 2009

138 notice

  i have one difficulity that i have served notice u/s 138 to company but i didnt mentioned name of the person it was adressed to the company/partnership firm , realising my mistake i sent another notice with same particullars at same adress in name of the person who signed the cheque , please advice me what should i do , should i launch prosecution on the first notice or should i wait for 15 days from the 2nd notice to file complaint, first notice sent on 8/8/2009 second one on 21/8/2009 cheque was bounced on 27/7/2009, please advice its urgent


 5 Replies


If the 2nd notice was within the period of limitation, you can launch prosecution on the basis of the said notice. You can launch one prosecution placing placing the correct facts including the fact of your issuing the first notice. satisfy yourself that the 2nd notice is not hit by limitation.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     22 August 2009

Your second notice is invalid, coz after 15 days of bounce.

What is the date on cheque and what is the amount. Coz if you proceed as it is then you cannot make party to the partner and you cannot prosecute the company, coz it is a partnership firm.

Your further clarification is welcome at nominal fee at;




We also have branches all over India.

With Regards



If I mistake not, notice  can be issued within 30 days of the dishonor of the cheque,so it hardly matters if the 2nd notice was issued after 15 days of dishonor of the cheque, so long as it was within 30 days. In that case the cause of action would accrue on the expiry of 15 days of the issue of the 2nd notice. What is import is 2nd notice should have been issued within 30 days of dishonor.

K D Pande (Advocate)     24 August 2009

your case comes u/s 141 of N.I.Act. Actualy in the case of company it is not necesary to issue notice in the name of signatory of cheque as the prosecution against alone company is maintanable.

Kindly let me know whether you have issued notice by RPAD or UPC or both,what is postal repot of first notice(Whether served or not?)

Even you can file complaint on the basis of 2nd notice, however you have to clarify the issuance of  first notice in complaint.

For detail advoice you may call me on my cell No. 98230 90261



saurav (private practice)     25 August 2009

thanks for your valueable input but the difficulity here in the case is that i have issued notice u/s 138 and not u/s 141 first notice sent on 8/8/2009 served on 17/8/2009 second one sent on 21/8/2009 and delivery report is pending both the notices were sent through  registered post A.D

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