138 NI Act, error in legal notice, suit dismissed, remedy?

If you filed any appeal in the high court against the order of the dismissal there is a rare chances of success.  So it is better to file suit for recovery of money.

You need to mention an amount of cheque in your Notice u/S. 138 (b) which in your Case you have not done so and accordingly your Case dismissed.

I do not think you have any chance of success in appeal.

Now you can file suit to recover your money provided three years have not lapsed.

Adv. Jayesh Sapra

Mobile 9869042814   

Represent cheque  if it's within time and then restart the process properly.

NOT MENTIONING AMOUNT AND NOT GIVING DATE OF  ADVANCE/PLACE OF ADVANCE  ARE FATAL MISTAKES FOR NI ACT NOTICES CASES.

No doubt notice has to be read as a whole but failing to mention the cheque amount the Notice will certainly  fall short of the legal requirement.

The document cheque will not be  returned to you.  Because the document is unreturnable and cannot be reused.  So you cannot represent the cheque.  You have lost all the chances.  The appeal will also summarily dismissed the defect apparent on record

agree with experts

If you have mentioned the cheque numbr and date in the notice and there is only 1 cheque involved in the transaction then u still got a chance in appeal cos identification of the cheque is wat matters ,,to be on safe side file a suit for recovery also if within limitation