Advocate did not sign Notice U/S 138 its effect?

My logical /not legal   assumption----it is invalid.

It also shows that many cases are lost  just due to negligence of advocates (sorry lrnd friends--but lemme be honest)

1.  Normally,  the Advocates consciously forget to sign on Legal Notices, when there is a issue with the fees of the Advocate  .OR.  the client forged the entire notice matter on the stolen letter head of the Advocate.

2.  FURTHER,  one can also say that the Advocate forget to put in the name & address of the Accused on the notice u/s 138 and somehow managed to post it to the accused.

3.  Also, the advocate may also be guided to forget to put the amount, cheque no., section number etc... in the notice and expect the judiciary to legalise such notices, thereby setting a precedent to honour incomplete and/or invalid notices.

Well, my uncle says "the law is an ass".  Everything is possible under the Indian Judiciary system.  The day is not far when the judiciary will  "MAKE" laws, instead of the elected representatives of the Parliament.

Keep Smiling .... Hemant Agarwal

A combined reading of S. 93 and 94 would lead one to the understanding that  the agent's error in not signing the notice would not be a wrong for setting aside the notice .

     If  the purposeof sending the notice as contemplated in the aforesaid sections have been  duly complied with the notice would stand.

I accept the view of Chandan. Thank you.

actually one point of view we seen means the purpose of notice is to intimate to the other person and opposite parties were known that the notice was sent by you the mistake of learned friend will not affect the case because the cheque and cheque number was true, the signature in cheque is true so that you can proceed this case and contact the good learned senior advocates

actually one point of view we seen means the purpose of notice is to intimate to the other person and opposite parties were known that the notice was sent by you the mistake of learned friend will not affect the case because the cheque and cheque number was true, the signature in cheque is true so that you can proceed this case and contact the good learned senior advocates

Though notice is a procedural one to the respondent in 138 Case, it is deemed to send the same only to intimate the respondent

hi,

though the Ld. Advocate didnt sign the demand notice and filed a case u/s 138 of N I ACT......IS PROPER NOT BAD IN LAW, SEE THE APPEX COURT JUDGEMENT ON THE SAME ISSUE.

regards,

sibasish pattanayak,

                advocate,kolkata,W.B.