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Section 138 Negotiable Instruments Act + Section 420 Indian Penal Code
31-Dec-2023 (In Criminal Law)
I have leased out 4 wheeler to a party. An agreement was signed (affixed thumb impression of both parties) to that effect, but not on stamp paper.
Party paid for 1st month. Cheque for 2nd month was returned due to insufficient funds. Based on messages exchanged & recorded on mobile, there is sufficient evidence to prove that party knew that there was insufficient funds in account.
Question 1: Whether notice can be sent via email?
Question 2: Whether FIR can be lodged in police station u/s 420 of IPC
Question 3: Whether FIR, as above can be lodged in police station closer to my home?
Reply to q 1- notice can b srnt through email but there is no way you can prove genuiness of acknowledgment. It is adviced notice be sent via registered post u have receipt aswell as acknowledge copy
Always preferred to srnd notice first...
Then u can take legal action.
Always preferred to srnd notice first...
Then u can take legal action.
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Adv. Namrata Rane
Mumbai | 25+ Answers
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All the answers to your questions is "yes". But instead of going 420 this is fit case u/s 138 of NI Act. You may lodge FIR or else you can file private case before criminal court. First of all issue a legal notice then you proceed with it options.
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Adv. Sagar Kothari
Pune | 400+ Answers
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