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negotiable instrument act notice 138

if more than one time cheque returned by party and after second bounce I wanted to issue notice is it required

to mention about all bounces in the said notice or only last cheque bounce transaction should be mention.please urgent

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5 Replies

Ganesh kalburgi (Law Student) 08 September 2019

Yes, mention it. The mentioning of last transactions will not affect you negatively but you need to issue notice after dishonour of latest cheque.

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Real Soul.... (LEGAL) 08 September 2019

Issue notice and mention in the notice about the previous bounce too, that will help you upon filing of complaint.That would be a good evidance to prove him defaulter

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G.L.N. Prasad (Retired employee.) 08 September 2019

Construct your complaint that the cheque was represented as per request and promise by a drawer that he will make funds available if the cheque is represented.

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P. Venu (Advocate) 08 September 2019

Cause of action in a prodeeding under NI 138 arises not when the cheque has bounced, but when the drawer fails to clear the debt evenafter the Notice served consequent to the cheque. As such, the earlier instance(s) are not material, but there is no harm in mentioning them.

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