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Rohit (Execuitive)     21 May 2012

Legal notice by tax practitioner n.i. act138

Is it a legal notice when it is sent from the petitioner in N.I. Act. 138 case.

 

The fact is Mr. X done some income tax work from Mr. Y (Mr. Y is a Tax Practitioner and an Advocate of High Court of Calcutta, and  Mr. Y residing & practicing in Pune and Mumbai incidnet happened at Pune. both are resident of Pune.

 

Mr. X issued a cheque to Mr.Y for professional fees, Mr. X is an illiterate person hence Mr. Y has filled up the cheque and X signed it. It was a singed bearer cheque but Mr. Y deposited the cheque and the cheque gets bounced for with insufficient fund.

 

And now Mr. X received a legal notice from Mr. Y to pay the amount within fifteen days else Mr. Y may go for a case against Mr. X N.I. Act 138.

 

My question is, can Mr. Y himself issue legal notice to Mr. X when Mr. Y is the petitioner.

 

Or the notice should be sent from a Practicing advocate.

Will this notice be treat as a legal notice by Mr. X or not?

 

Thank in Advance

Rohit



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     21 May 2012

It is not essential that notice for demand of cheque amount should be sent through lawyer.it can be issued by complainant himself.No illegality.

DEEPAK ASSOCIATES (08010117611)     21 May 2012

Notice can be sent by the person effect or through an advocate, therefore the notice sent by the Tax petitioner is valid. It is not mandatory that the notice can be sent through practising advocate


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