Notice u/s. 138
Himanshu
(Querist) 18 November 2009
This query is : Resolved
We have deposited 3 cheques which was bounced before 2 weeks. Our accountant, without having knowledge about the procedure under section 138 of Negotiable Instrument Act. issued one letter demanding amount of returned cheques. Now my query is can that letter will be considered as deemed notice u/s. 138 or we can issue legal notice u/s. 138 within 30 days of cheque bounced. Please advice.
H. S. Thukral
(Expert) 18 November 2009
If the demand letter has been sent on your behalf, it will meet the requirement of the law. No separate notice is required.
Devajyoti Barman
(Expert) 18 November 2009
Law only ask for sending a notice and in this particular case there is no requirement of sending another notice.
Sachin Bhatia
(Expert) 18 November 2009
No separate notice is required.
Raj Kumar Makkad
(Expert) 18 November 2009
Your accountant has done god job. Notice is absolutely valid. pay thanx to your accountant for saving your money......
G V S Jagannadha Rao
(Expert) 19 November 2009
If it is your doubt that by not mentioning in the notice that it is a statutory notice issued under Section 138 of Negotiable Instruments Act the letter/notice is vitiated, the answer would be that mere non mentioning of provision of law would not vitiate it. If your letter said that the three cheques were dishonoured and that the payee is required to arrange payment of the amounts covered by all the three cheques, that should suffice.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna
(Expert) 19 November 2009
You must have to write a letter to the payee for show cause that why a criminal case not be filed in the court?The main reason for this is that SC ordered recently that Stop Payment of cheque by the payee would not be a valid reason for initiating the criminal case.
Thanking you.
niranjan
(Expert) 19 November 2009
Demand is enough. No second notice is necessary. I agree with all.
