I had lended Rs 100000 by crossed cheque to my relative for two months by making promissory note. I was given an undated cheque towards this transaction.The pro. note is payable on demand.On expiry of two months the pro. note was presented before the borrower. The borrower has written on pro.note that " The pro. note has been presented before me for payment. " and then he has signed also on pro.note. Thenafter I had told him clearly that I am going to deposit your cheque in my bank account. Unfortunately the cheque has been dishonoured with returne-memo indicating " Insufficient fund " by my Axis bank. On the next day a proper notice was given to the drawer regarding dishonour of cheque and demand for the payment in writing. Today the time limit of 15 days is completed. No reply from drawer. In the next 10 days i want to go for complaint before the court under clause 138 of N.I. ACT. As no option is left by the borrower.
Now sir, my question is that Is it obligatory to receive ( get ) CERTIFICATE OF PROTEST from the Notary public in this case ?
Respected sir, please reply me. Meanwhile thanking you.
B.M. PATEL
Ee-mail id -- ketbalpatel@yahoo.co.in Mo.- 9925288678
7th August 2012
