Legal notice, cheque bounce

It is better to sent legal notice through an advocate.. there are lot of technical aspects for issuance of correct notice u.s 138 NI..

Sir, I sent it through advocate only. But it is just that we didn't mention the old year as majority of the money is given in the last year, we just mentioned about last year to give the context...so checking with you ....

 Is it mandotory to list all the details about when the money is given to the accused or just mention one or couple of situations when it was given ?

I was under the impression that legal notice only informs the accused about dishonor of cheque and in that we don't have to mention when was the money lent etc..we can mention all details at the actual file casing time. is my understanding correct?

Please advice...

Thank you

Dear Kolkatta User

if you send the legal notice and demand your money against the bounced cheque then no need to provide detail in legal notice, it is the matter of you compalint feel free to  call me on 9953809956

you need not have to mention each and every details in the legal notice... there must be demand of chq amt and intimation of dishonour are the most imp criteria.. the other facts can be mentioned in the complaint.

Please do not forget that there will be defense advocate to tear your case by taking advantage of all the mistakes. Whatever not stated in notice can not be stated in complaint , so where the case will stand.

Any case of cheque bounce (NI 138) can be won by the accused if diligently is perused from initial stage. It is a myth that once a cheque is bounced conviction is imminent since the complainant has to pass many many and many legal hurdles to achieve this. Accused suffer only due to guilt complex and initial lethargy .

Mr.JSDN, Pls elaborate ur statement with citation "Whatever not stated in notice can not be stated in complaint ". 

My learned friend, I completely disagree with the said statement

Why you need citation for basic facts. No case can be a roving enquiry. And no pleadings or stand taken earlier can be departed.

So if you have not mentioned any thing in the notice , it did not exist till that time and further pleadings if any are after thought.

JSDN Sir, As I understand, notice has no specific form/style and doesn't mandate all details to be given. it only mandates the demand (for the amount drawn by the dishonoured cheque) to be made through it.

But if the petitioner is providing the proofs for the old transactions, why do you think he can't include it in the complaint? or on what basis court will not considr those?

Thanks in advance, you are giving a different dimension to the thought process... 

Please advice..

This you can say benefil or limitation of legal system not only in our country but all over civilised world.

It is a basic law of pleading that you have to be consistant and can not depart . If you missed some thing even though it existed you have to suffer.

Just go thorough the follwing LANDMARK judgment of SUREME COURT.

 And such knowledge comes by experience only and that why we say that it is easy to win any NI 138 case whatever may be facts and circumstances since people make mistakes due to over confidence.

JSDOn Sir... thank you for referring the case... Ok, here are the words in notice:

"You approached on so and and so date in 2010". "Over the time money is paid".

Now given the above question is :  "Is money given only after the so and so date"?