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Defective Notice in NI 138 Act ? How to Proceed in a Cheque Bounce Case?
04-Jul-2023 (In Cheque Bounce Law)
Key points to consider:
- If the legal notice does not comply with Section 138(b) of the NI Act, the case may be challenged for being defective.
- You may rectify the notice and reissue it before proceeding.
- If dissatisfied with your lawyer, seek a second opinion from another experienced advocate.
42+
Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Legal options:
- The Magistrate will hear arguments on whether the defective notice in the NI Act affects the case.
- Courts have ruled that entire proceedings can be dismissed if the legal notice does not comply with NI Act provisions.
- You may still file a civil suit for money recovery, where the court will examine the genuineness of the transaction.
Civil Appeal No. 3238 of 2009 – Vishnu Dutt Sharma vs. Daya Sapra states that both civil and criminal proceedings can run simultaneously, though the burden of proof differs in each.
If you need further guidance, consult an NI Act expert lawyer to determine the best course of action.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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Legal remedies:
- If the case is already filed in court, your lawyer must prove that the notice substantially complies with the NI Act requirements.
- If necessary, a fresh demand notice can be issued correctly before filing a new case.
- Consulting a cheque bounce lawyer can help clarify the best approach to protect your legal rights.
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Adv. Mahesh Kumar Joshi
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Ravi Kumar
Limitation to file complaint case under section 138 N I Act from corrigendum legal demand notice
Reply by LawRato
The limitation period for filing a demand notice under Section 138 of the Negotiable Instruments Act, 1988 is 30 days from the date of receiving the notice of dishonour from the bank. This notice is typically the first demand notice sent by the payee or holder of the cheque to the drawer informing them of the dishonour and demanding payment. The drawer of the cheque has to make the payment within fifteen days from the date of receipt of such demand notice, failing which the payee or the holder in due course of the cheque can file a case under Section 138 of the NI Act against such drawer.
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