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Kolkatta_user (engineer)     04 October 2011

Legal notice

What should be the content/message in the notice that is sent for cheque dis-honor?

Should it contain details of when the money was given to the accused?

If it mentions 2011, and if some part of money was given in 2009,  is that considerd OK? or court will not consider the 2009 proofs?



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 October 2011

You have to show when the amount was given .

And following details are necessary:

1.  When the cheque was presented to the bank for encashment

2. Name of the bank where it was presented and cheque No. and amount of the cheque

3.  When it is returned by the bank unpaid

And Most important contents of the notice is "  You issued a cheque to dischanrge the legally payable debt"

Kolkatta_user (engineer)     04 October 2011

Sir,

I understand the cheque details, date and amount.. but what I want to know...

3 questions...

 

1) Should it contain details of when the money was given to the accused?

2) If it mentions year 2011, and if some part of money was given in 2009,  is that considerd OK?

3) court will not consider the 2009 proofs even though not mentioned in notice?


 

Kolkatta_user (engineer)     04 October 2011

Problem is:

At the time of sending notice, we are not sure of old (2009) transactions whether they are cash/cheque, but we are sure of 2011 transactions, so we mentioned 2011. But we said 'over the time' money was given.

Now after seeing old bank statemnets, we saw there are more cheques paid in 2009 also. So question is

can we show those also as prrofs in the court? Or court will not consider old proofs?


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