Hello everybody! Can you please let me know whether a legal notice for cheque bounce under sec 138 to be issued only by an advocate or I , myself, can also issue it to the drawer?
agapi (doctor) 18 July 2009
Hello everybody! Can you please let me know whether a legal notice for cheque bounce under sec 138 to be issued only by an advocate or I , myself, can also issue it to the drawer?
Kiran Kumar (Lawyer) 18 July 2009
even u can issue notice....no objections to this.
but its advisable to take help of a lawyer so that nothing technical remains missing in the notice.
one more thing in criminal matters there are no plaintiffs...........there has to be a complainant.
Dharmesh Manjeshwar (Advocate/Lawyer) 20 July 2009
The only important thing in a 138 notice is that there should be a demand for the cheque amount by the Payee within one month from the date of dishonour of the cheque issued by the Payer. It is advisable to send it by Regd A/D as well as UCP. and retain the original Regd A/D receipts and acknowledgement as proof.
And yes in criminal cases parties are termed as the Complainant & Accused
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