I have a cheque from my business partner and it had bounced when I presented. I sent a legal notice through an advocate in Pune.
At the time of sending notice, we are not sure of old (Year 2009) transactions whether they were done via cash/cheque. But we are sure of year 2010 transactions, so we mentioned about year 2010 in the legal notice . But we said 'over the time' money was given. The remaining details such as cheque number, amount, date when presented and bounced etc all are correct.
Partner had replied to my notice saying only part of the money was taken (what ever is taken in year 2010 amount) and complained that the rest is not taken, and so he is not liable to honor the cheque.
Now after seeing old bank statemnets, we found out that there are two more cheques paid in 2009. So question is can we show those also as proofs in the Court when the case comes to hearing. ? Or Court will not consider old proofs because that is not mentioned in the legal notice?
Any rules on what should be the contents of the notice about the details of money lent to the accused (when and how amount etc)?
Do we need to mention it correctly or Court will not consider those as long as demand is made for the payment of amount for which the cheque is drawn through the legal notice?
While filing the case can I also include 2009 and 2010 payment details and show it as proof and prove that he is lailble to pay me that money for which he has written cheque with his own hands and signed?