defective notice in ni act what to do

574 votes

Well, from your question it is clear that you are in touch with a lawyer. it is wise to direct consult with a lawyer in your case because the N.I Act cases are very technical in nature. Without gone through the concerned documents or evidences it is not possible to guide you properly. If you are not satisfied with your present lawyer you can easily contact with another competent lawyer for your help.

Advocate Aniket Joardar LawRato

947 votes

if the notice is not fulfilling the requirement under section 138 (b) of the NT act, then the complaint filed by you is per se not maintainable in law. The Magistrate will fix a date for arguments on the point of defective legal notice and time barred corrigendum. There are many rulings where the entire proceedings been closed when the legal notice is found to be defective. There cannot be any pick and choose policy on this. However there is always an option for filing a civil suit for recovery of money. Then the genuineness of the transaction and claim shall be tested. If you need any assistance on this you may call me.

You can refer to Supreme Court Judgement: Civil Appeal No. 3238 of 2009 (Arising out of SLP (C) No. 10997 of 2008) Sh. Vishnu Dutt Sharma Vs. Respondent: Smt. Daya Sapra

"There cannot be any doubt or dispute that a creditor can maintain a civil and criminal proceeding at the same time. Both the proceeding, thus, can run parallely. The fact required to be proved for obtaining a decree in the civil suit and a judgment of conviction in the criminal proceedings may be overlapping but the standard of proof in a criminal case vis-a-vis a civil suit, indisputably is different. Whereas in a criminal case the prosecution is bound to prove the commission of the offence on the part of the accused beyond any reasonable doubt; in a civil suit `preponderance of probability' would serve the purpose for obtaining a decree."

Disclaimer: The content of this article is intended to provide a general guide to the subject matter.

Advocate Robert D Rozario LawRato

847 votes

it is basically a defective notice if the same has been sent for seeking amount of Rs. 6 lakhs against the bounce cheque of Rs. 8 lakhs, however if you have filed any case against the said notice in the court then take the view of a good lawyer who can prove your case.

Advocate Mahesh Kumar Joshi LawRato