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swetank (student)     21 March 2012

138 ni act

hellow,

In stop payment case of a cheque,if i send a simple notice by myself to the accused and not the legal one,will it make any difference to the court. Is the case become weaker.And if it is,then what to do to make this case stronger.pls help me sir....



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 2 Replies

madhu mittal (director)     21 March 2012

There is no need to vary by sending notice by yourself, it will be treated legal notice, even you can fight the complete case by yourself. But it is advisable to have services of learned advocate, because in law there are many things which requires legal knowledge, and in my opinion, a learned advocate services should be taken, in stead of fighting case by yourself.  As far as law is concerned there is no problem by sending notice yourself and even fighting  complete case yourself.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 March 2012

The cheque law it technical law and it is won or lost on technical points for which legal expertise is needed.

 

 

 

So complainant need not be over confident , it will be next to impossible to win any NI 138 case if contested aggressively by accused  from day one since the case has to be proved beyond doubt at many points that is  a) there was legal liability b) cheque was actually given by the accused from his account , presented  to the bank of the complainant  and returned  for want of funds e) proper dully authorized  legal notice was given f) such legal notice was received by the accused g) thereafter proper pleadings are made and  all documents are attached at first instance while filing the case.


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