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Ni 138 one dishonour 2 notices at 2 different locations

Page no : 2

R Trivedi (advocate.dma@gmail.com)     12 August 2017

Mr Alvis, yes he can simultaneously or even staggered send notice with the same matter to many known or unknown addresses of drawer. He can simultaneously send by courier, speed post, email, fax, UPC...to one address and to many addresses..

alvis almeida   15 August 2017

Sir, 

If the cheque was issued for 14/05/2017, when is the last date of validity of the cheque? 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 August 2017

It would have been enough if he had issued you one notice. If he had sent you two notices that would not affect the case in any manner. Presumably your cheque had bounced due to inadequacy of funds or for other reasons. Next step would be for him to file complaint in magistrate's court. Has he done it?  Instead of wasting your time on the purposeless question of 2 notices or one notice you act quickly according to the advice Mr. Anil Lalcheta

Anil Lalcheta   15 August 2017

Thanks DR MPS RAMANI..

Anil Lalcheta   15 August 2017

Sir., alvis

As i said earlier Its immaterial whether he has send you 1, 2 or 1000 notices at same or different addresses.......on the contrary it is making his(complainant) claim strong and stronger........better you go to court of law prior to him.......or give as early as possible a reply to him rejecting all his claims


ADVOCATE ANIL LALCHETA
GUJARAT

Siddharth Srivastava (Advocate)     15 August 2017

The validation of cheque is three months from the date of issue.

Siddharth Srivastava (Advocate)     15 August 2017

The validation of cheque is three months from the date of issue.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 August 2017

The question of validity of cheque etc. are to be fought before the court if and after the Complainant files his case before the court and the accused receives summons. Like Arjuna, one's aim should be pointed and should not get lost on irrelevant or less relevant at the stage, periferal issues. I have seen cases being lost as the lawyer of the other party cleverly diverts attention to periferal issues.

alvis almeida   19 August 2017

Mr. Lamani, 

I understand that validity of the cheque is not an important at this stage.  But I sought the information because you have to prepare yourself before the complaint is filed in the court. In this case,  the cheque is drawn on 14/04/2017 and deposited on the 14/07/2017. According to one of my banker friend who works for SBI told me that the last date of validity of the cheque is 13/07/2017 and not 14/07/2017.  So even if complaint is filed,  I can move the court and quash the summons in the initial stage itself instead of going through the whole process and wasting my time in the court.

alvis almeida   19 August 2017

Mr. Lamani, 

I understand that validity of the cheque is not an important at this stage.  But I sought the information because you have to prepare yourself before the complaint is filed in the court. In this case,  the cheque is drawn on 14/04/2017 and deposited on the 14/07/2017. According to one of my banker friend who works for SBI told me that the last date of validity of the cheque is 13/07/2017 and not 14/07/2017.  So even if complaint is filed,  I can move the court and quash the summons in the initial stage itself instead of going through the whole process and wasting my time in the court.

alvis almeida   19 August 2017

Sorry the above post is addressed to Mr. Ramani. It was a typing mistake 

R Trivedi (advocate.dma@gmail.com)     23 August 2017

Mr Anil Lalcheta, How can he go to court of law prior to him? Are you suggesting that he should file some other case against him? Ideally in cheque bounce cases the drawer can only go to court of law once he is summoned by the court, there is no earlier than that. His denial reply to notice facts also will be taken up in trial only.

R Trivedi (advocate.dma@gmail.com)     23 August 2017

Mr Anil Lalcheta, How can he go to court of law prior to him? Are you suggesting that he should file some other case against him? Ideally in cheque bounce cases the drawer can only go to court of law once he is summoned by the court, there is no earlier than that. His denial reply to notice facts also will be taken up in trial only.

Anil Lalcheta   23 August 2017

Sir. . . . R. Trivedi

My suggestion is to go to court of law prior to complainant filing a case....

Then he (sir alvis) should pray that he had given a cheque against the goods but not recvd the goods yet and the other party may misuse the said cheque/ cheques .... This will be a strong defence for Sir Alvis when the other party will sue him for
138 NIA





ADVOCATE ANIL LALCHETA
GUJARAT

Anil Lalcheta   23 August 2017

Denial of notices would also be a strong defence in the said 138 NIA. case

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