Complication on Legal notice under 138 NI act
NAGARAJ
(Querist) 21 August 2018
This query is : Resolved
Complainant filed a complaint against accused for the offence punishbl under sec 138 of NI Act......
My question is... complainant advocate sent a demand notice to accused .complainant advocate and complainant both didnt sign on legal notice..i got certified copies of legal notice from the court...under these circumstances whether this 138 case is maintainable? Any citations supporting for accused
Dr J C Vashista
(Expert) 22 August 2018
Any unsigned document including demand notice is "invalid" document, no need for any citation, However, citations are not provided on this platform, research yourself if you are so keen and enlighten others also.
R.Ramachandran
(Expert) 22 August 2018
Mr. Nagaraj,
It is not clear as to what you say.
Are you saying that no one signed the Notice?
NAGARAJ
(Querist) 22 August 2018
Yes sir advocate and complainant both are not signed on demand notice...i got certified copy also...
Dr J C Vashista
(Expert) 23 August 2018
It is not compulsory/ mandatory that the complaint should also sign the demand notice which is issued under his/her instruction on his/her behalf (authority) by his/her counsel, however, signature of the Counsel is compulsory otherwise the notice is non-est.
NAGARAJ
(Querist) 23 August 2018
Infirmative .tq sir
