Notice u/s 138

Querist : Anonymous (Querist) 08 February 2010 This query is : Resolved
Notice of 15 days u/s 138 to accused, How much valuable of proceeding ?

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Kiran Kumar (Expert) 08 February 2010
to take action under S.138 NI Act, serving of notice is mandatory there is no question of assessing the value of notice.

complainant is duty bound to send notice prior to filing complaint in the court.

Srinath Kondapally (Expert) 08 February 2010
serving notice is mandatory

Guest (Expert) 08 February 2010
it's mandatory.

Adinath@Avinash Patil (Expert) 08 February 2010
SERVING OF NOTICE U/S 138 IS ONE OF THE IMPORTANT INGREDIANT OF OFFENCE U/S 138 OF N.I. ACT.

Parveen Kr. Aggarwal (Expert) 08 February 2010
In case of a complaint under section 138 of the N. I. Act, the cause of action to the complainant accrues only when the drawer of the cheque fails to make the payment of the cheque amount within fifteen days of the receipt of the notice in terms of clause (c) of proviso to the section. As such, the service of notice is a condition precedent for initiation of proceedings under the aforesaid provision.

Raj Kumar Makkad (Expert) 09 February 2010
This has full value....means it is mandatory.

Sarvesh Kumar Sharma Advocate (Expert) 09 February 2010
notice is mandatory part of n.i.act.

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