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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 October 2015

Section 138 of ni act

A cheque was issued in the name of Sudarshan Dry Fruit Centre for Rs.1,00,000/- Later the drawer of the cheque gave stop check instructions and the cheque bounced. In due course a lawyer notice was sent demanding the amount. In the lawyer notice the lawyer stated that Mr.Gehlot (full residential address) was his client and he was sending the notice under instructions from him. He mentions in the body of the  notice that Gehlot was owner of the dry fruit centre. Further the notice contains the claim for the amount. The Registered notice was returned as the addressee was not available. In due course he files case in the Magistrate’s court. The Complaint was filed in the personal name and address of Gehlot and not in the name of Sudarshan Dry Fruit Centre. In the body of the complaint he mentions that he was owner of the Centre. But he does not give address of the Centre or evidence of his proprietorship of the Centre. Is the Complaint valid?



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 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

Repeated query Dr.Ramani,just now UR previous query was answered.


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