Notice for ni 138

There is no standard format for issue of notice in NI 138 cases. Section 138 (b) envisaged that  the following ingridients should be in the notice :

01    :  Discripttion of the cheque dishonured with detail of presentation and dishonoured

02    :  Demand of payment of that particular cheque.

There are some judgement wherein it is mentioned that making of more payment than the cheque amount is vitiate the notice and notice cannot be treated as statuorynotice as per section 138 (b).

Further some technicalities should be kept in mind while issue such type of notice such as Mention the proper name of the accused, company name, partnership firm name and partners name etc. etc.