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Siddhi   26 April 2023

Can cheque holder intimate the issuer of bounced cheque a notice u/s 138 of IPC.

It's for a senior citizen who is holding a bounced cheque issued as per order of Bombay High Court. Already borrowed 7-8 lacs for litigation and out of money. Can't afford to pay 1500/- for legal notice.

He is holding a bounced cheque issued by AJ Construction, Mumbai a notorious builder as per order of Bombay High Court.

Can he directly write to the issuer asking him to pay off Or will move magistrates court u/s 138. TIA


Learning

 3 Replies

Real Soul.... (LEGAL)     26 April 2023

He should write a Notice and serve on the defaulter, it is not necessary an advocate will write a Notice, just get some google help and let him write a notice and get receipt of service.

He must serve Notice within 30  days  from date of default ,and bank should issue memo, if the memo date is already more than 30 days, then submit again the cheque in bank for payment and let fresh memo be issued.

You can get beank notice draft from below.

https://bnblegal.com/article/sample-notice-format-section-138-negotiable-instruments-act/

1 Like

P. Venu (Advocate)     26 April 2023

Yes, it is not necessary that the Notice be issued through a lawyer.

Siddhi   26 April 2023

Thanks for you both for purposeful participation in the forum.

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