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P P R Kumar (Advisor)     06 October 2012

Is this email a notice of 138 ni

Dear Sirs,

 

Please find below the copy in verbatim the email which my client company got from one of the service renderers. The questions are 1) Is this a notice under 138 NI? If yes, then should we reply immediately or If no, still should we reply or wait for the actual notice to come.

EMAIL

 

Dear Mr.Malik

 

Kindly refer your above cheque for Rs.92000/in favor of Vardhman Custom clearing & Forwarding Agents was dishonored on 27/9/12 by our HDFC bank for the stated discrepancy Drawer’s signature incomplete & illegible”.

 

“As you are aware that Cheque dishonor/bouncing is made punishable as offence under negotiable instrument act of section 138.The drawer can be awarded two year of imprisonment & fine may extend the twice of amount of cheque or both.”

 

In the light of above serious default by you, Pls. send  Demand Draft of same amount by tomorrow maximum 2PM, failing which we may go for legal course of action.

 

 Best Regards 

 

 D. Banerjee 



Learning

 6 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 October 2012

This in not regular notice wait for complete notice.

Signature mismatch is no offense u/s 138 but it can be made offense under other sections of IPC.

P P R Kumar (Advisor)     06 October 2012

Thank you Sir for your advise so no reply is even required for this email and i just wait for the correct notice and then reply.

Nitish Banka (lawyer)     06 October 2012

Bouncing og cheque due to insufficient funds is an offence not signature mismatch

Advocate Bhartesh goyal (advocate)     06 October 2012

Reason mentioned in returning memo  for dishonoring  of cheqe  Drawer’s signature incomplete & illegible”.

 does not attract offence u/s 138 of N.I.Act also notice issued through E Mail is not a valid notice in eye of law.

MohammedRaffiq Bijapur (Advocate)     07 October 2012

Sufficient replies given to ur query


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