notice u/s 138 Negotiable instrument Act

Querist : Anonymous (Querist) 08 September 2010 This query is : Resolved
notice had been sended u/s 138 N.i.Act but the name of the bank has been wrongly mentioned, again a notice has been sended for clearification that read the name of the bank so and so in place of so and so in the original notice. is it legally correct?

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M/s. Y-not legal services (Expert) 08 September 2010
Under section 138 of N.I act legal notice should be once.. But you can correct your typical mistake at the time of filing complaint before the judicial magistrate.. You have to take little risk. Otherwise you wil loose your case.

bhupender sharma (Expert) 08 September 2010
the corrigendum of the same may be sent saying the name of the bank indvertently written may be read as the bank u want.

Devajyoti Barman (Expert) 08 September 2010
The mentioning of the name of the bank is not so damaging and the first notice s ery much valid. No need to ponder over the validity of the second notice.

Surender Dhull (Expert) 08 September 2010
No adverse effect on complaint.

s.subramanian (Expert) 08 September 2010
There is no bar in issuing a second notice within the statutory period. You need not worry much about it.

Neeraj Arora (9897136755) (Expert) 08 September 2010
I do agree with Mr.thangapandian that you can correct your typical mistake at the time of filing complaint before the judicial magistrate.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 September 2010
Well fresh notice can be issued within 30 days but you have to face the consequences of earlier lapse.

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