Notice by Complainant in NI Act

vinod bansal (Querist) 06 March 2010 This query is : Resolved
R/Members
In one of a complaint under NI Act after dishonour of cheque demand notice was sent by the drawee himself,i want to know whether this notice is amount to notice of demand as prescribed in NI Act,is it legal or drawee have to sent a demand notice again before filing complaint through a lawyer.Thanks Regards
Vinod Bansal Advocate Jind Haryana

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Parveen Kr. Aggarwal (Expert) 07 March 2010
As per section 138 of the Negotiable Instruments Act, 1881 a notice of demand may be sent either by the payee himself or through his authorised agent. In case a demand notice is served which fulfills the requirement of section 138, it will be valid and second notice need not be served.

adv. rajeev ( rajoo ) (Expert) 07 March 2010
It is valid notice because demand is made by the payee. Itz not necessary to issue notice thru., an advocate.

G. ARAVINTHAN (Expert) 07 March 2010
Notice is valid under Negotiable Instruments Act...

Arvind Singh Chauhan (Expert) 07 March 2010
Notice is valid.

Guest (Expert) 07 March 2010
I do agree with experts.

Raj Kumar Makkad (Expert) 07 March 2010
Notice is mandatory

B K Raghavendra Rao (Expert) 07 March 2010
If the notice sent by drawee himself is in accordance with the requirement of law, then it is sufficient. It should have provided for fifteen days's time for payment of cheque amount.

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