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sanjay kumar patibandla (advocate)     14 October 2008

Legal notice in 138 Notice.

I issued a legal notice to A on behalf my client. But while issuing notice due to over sight the date was mentioned as "1-00" instead of 4-2-2008. But the said notice was posted on 4-2-2008 only. Cheque number and all the contents in the notice are correct. Is their any danger for my case. Please know me the case laws too.



Learning

 10 Replies

K.C.Suresh (Advocate)     15 October 2008

It is a bonafide error. No law is required. human error. It won't advsersly effect your case for the reasons as follows:


the date of posting is 4-2-2008


The figures 1-00 does not represent any year as there is no date and complete year.


the date of issue of cheque


the date of bouncing


the liability for discharge


But remeber try to avoid some errors which may tell upon the professional carefulness.

K.C.Suresh (Advocate)     15 October 2008

It is a bonafide error. No law is required. human error. It won't advsersly effect your case for the reasons as follows:


the date of posting is 4-2-2008


The figures 1-00 does not represent any year as there is no date and complete year.


the date of issue of cheque


the date of bouncing


the liability for discharge


But remeber try to avoid some errors which may tell upon the professional carefulness.

sanjay kumar patibandla (advocate)     15 October 2008

 Thanks Mr. Suresh . I will mind your advise to protect my professional career.

Akhilesh Maurya (Private legal practice)     15 October 2008

If you are worried about your case just deposite the cheque in the bank again if it is in limitation period. Again on bouncing of cheque you again deliver the notice and after 15 days file the compain case u/s 138 N.I.Act in the competent court. But first of all drop the case if you have filed.

kumar sachin (lawyer)     16 October 2008

dont worry sanjay saab




 


go ahead with ur case.




 


it is just a human typing/ clerical error as all other facts are enough to prove this fact.




 


waise be careful in future coz it will not effect the case but it may effect ur crediblity specially keeping in view the nature of our profession. 




 


take care




 


 

SHEKHAR MISHRA (public servant)     16 October 2008

Suresh   has  replied   well.

manoj kumar hati (advocate)     16 October 2008

no problem. go ahead. but remember to file the same within the statutory period. because its a technicla offence.

N.K.Assumi (Advocate)     17 October 2008

Technical and clerical mistakes only. To err is human. I am sure the Court will understand and there is no need to panic.

Niikhil C. Shirgaonkar (Self Employed)     26 May 2010

Mr. Suresh has replied well. However i will give you one more way if such thing happen in future.

If such realise such mistake in shoprt after sending notice you can immedietaly send a correction notice stating that said mistake is typographical mistake and it should be read with replaced words mentioed in thecorrection notice and all other cotents of  the main notice shall remain same.

Niikhil C. Shirgaonkar (Self Employed)     26 May 2010

Mr. Suresh has replied well. However i will give you one more way if such thing happen in future.

If such realise such mistake in short period after sending notice you can immedietaly send a correction notice stating that said mistake is typographical mistake and it should be read with replaced words mentioed in thecorrection notice and all other cotents of  the main notice shall remain same.


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