OldWine007 (Service) 22 June 2012

Can a notice u/s 138 under ni act be given by the sufferer

(1) Can a Notice u/s 138 of NI Act be written and served by the sufferer himself or is it mandetory to be drafted and served by a lawyer?

(2) Can two lawyers handle one case - one for giving notice and another for fighting the case in the court?

(3) If after giving the notice, the person who is being booked u/s 138 request for more time, can that be legally registered so that if he does not pay even after the extension period, he may be brought to the ourt?

(4) If the sufferer fails to lodge the case into a court within one month (30 days) from the date of dishonour of the cheque, can the period be extended?

Please help.

Its urgent.

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4 Replies

OldWine007 (Service) 22 June 2012

Thank you Sir, but what is Cause of Action? In the case of cheque dishonour, which date would be the cause of action? Should it not the date of dishonouring the cheque?

Gopakumar K V (Executive) 22 June 2012

Now the validity of cheque is 3 months.If nothonoured in first presenation,you can represent it again( within 3 months from the date of issue of Cheque) and case to be filed within stipulated time from the cause of action.

OldWine007 (Service) 22 June 2012

But what is the 'cause of action' ?Is it mandetory to re-present the dishonoured cheque before going to court U/S 138?

Moreover, supposing a cheque deposited on 20/06/12 dishonoured on 21/06/2012, then what would be the cause of action inthis case? What would be the correct date to give notice to the drawer of the cheque?