validity of legal notice in 138 ni act case
vinod bansal
(Querist) 01 May 2010
This query is : Resolved
R/Members
I am representing the accused in a complaint us 138 NI Act,in cross examination counsel for the complainant admits that he sent legal notice to accused only on the oral instrustions of the complainant,what is legal value of such legal notice which was issued only on oral instructions without getting any power of attorney signed by complainant.Kindly enlighten me regarding this given situation.Thanx
Gulshan Tanwar
(Expert) 01 May 2010
Whether it has been received by the accused and exhibited in evidence and also you can make a statement regarding the same. It is valid.
Parveen Kr. Aggarwal
(Expert) 01 May 2010
A counsel may send legal notice even on oral instructions of his client and no legal provision makes it mandatory for a counsel to serve legal notice only after getting instructions in writing. The legal notice cannot be said to be not validly served only on this ground.
Krishnamurthy Ramdas Iyer
(Expert) 02 May 2010
There is nothing wrong in issuing legal notice on oral instructions.
It is a prudent practice to have the client countersign the same and question of denial in future can be avoided
