A general notice can be sent by a common man. But notice under S.138 has to be sent through an advocate. After the notice is sent the other party will have 15 days time from the reciept of the notice to reply. You can file a complaint after from 16th day to 30th day after the lapse of 15 days after the other party has recieved the notice.

A).UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT.SEC.138  A LEGAL NOTICE ON BEHALF OF COMPLAINANT IS TO BE ISSUED TO THE DEFAULTER. IT SHOULD BE ISSUED WITHIN 30 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE. ALL FACTS INCLUDING THE NATURE OF TRANSACTION, AMOUNT OF LOAN AND OR ANY OTHER LEGALLY ENFORCEABLE DEBT AGAINST WHICH THE SAID CHEQUE WAS ISSUED AND THE DATE OF DEPOSIT IN BANK AND DATE OF DISHONOUR OF CHEQUE SHOULD BE MENTIONED IN THE NOTICE.

 B) THE PERSON WHO HAS ISSUED CHEQUE IS DIRECTED TO MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 30 DAYS. IN CASE THE SAID PAYMENT IS MADE WITHIN 30 DAYS OF SERVICE OF NOTICE THEN THE MATTER ENDS.

 C) BUT IN CASE THE SAID PAYMENT IS NOT MADE WITHIN 30 DAYS THEN THE COMPLAINANT HAS TO FILE A CRIMINAL CASE IN THE COURT WITHIN 30 DAYS FROM THE EXPIRY OF  NOTICE PERIOD OF 30 DAYS .

SUCHITRA MADAM, MAY I KINDLY CORRECT YOU, FIRSTLY A LAWYER NEED NOT ISSUE A NOTICE UNDER 138 (IT IS ONLY IN VIEW OF THE TECHNICAL COMPLICATIONS THAT THE COMPLAINANT IS ADVISED TO SEEK GUIDANCE FROM LEGAL PROFESSIONALS IN DRAFTING THE NOTICE) AND THE PERIOD MENTIONED BY YOU I.E 15 DAYS IS AMENDED VIDE Act 55 of 2002, sec. 7, for "within Fifteen days" is substituted with " within Thirty days" (w.e.f. 6-2-2003).

Thank you SIr. By the wordings "legal notice has to be sent on behalf of the complainant" I understood it has to be sent by an advocate. How can a common man send "legal notice"?

And I told after 15th day, from 16th day to 30th day complaint has to be filed. I did not speak about when notice has to be issued. I know about the amendment for the limitation for sending the notice. 

There is no bar that the notice cannot be sent in person. The notice can be sent by an individual. As rightly said by Mr. Vishal its just to avoid the technical complications the Lawyers advice is needed.

The act say Notice and not legal notice, I am reproducing the relevant para of S.138,

(a) ...................................

(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, ³["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and ............

Thanks for correction. But it is quiet common for us advocates to think notice as a legal notice. In your first reply you have also mentioned it as a 'legal notice'...   :)

In my opinion a legal notice is different from a lawyers notice. A notice which deals with any provision of law becomes a legal notice. So it is not necessary that legal notice belongs only to lawyers and so it can be send by individuals also.

Members correct me if I am wrong…

Yor are perfectly right Mr. Javid

If the cheques are stopped ( even though funds area available) then also N I act section 138 can be initiated?

If the case under N I act 138 goes to court does the h'ble court go into the reasons of stopping of cheques? 

yes.  but there must be a very valid reason for stopping the cheque, to escape 138.

This debate started with question cited below:

"Can an indivisual send notice under section 138 of negotiable instrument act or  a lawyer can only send"

"..what are teh steps to be taken to pursue the matter after notice is send by an indivisual if we do not receive the reply."

I propose to answer as first one first as a lot of confusing details are there in replies. In my opinion NOTICES may be  "legally required by some enacted law"as a pre condition  before one proceeds to enforce his right of action in a court of law,and such a notice woukd be called a "legal notice" as is one here in s.138 of N.I.Act. An other ready to hand illustration may be section 80 of  C.P.C.

An other kind of a NOTICE may be one which is not laid by any law to be served before a party proceed to enforce his right through court,but party before filing his action in court of law chooses to serve a notice in his own option,such a NOTICE may be named as FORMAL notice since the same is NOT LEGALLY REQUIRED,

Be it "a legal or a formal notice"it has to be served by the party and that can be drafted and mailed by party him self or by a lawyer on his behalf but in either of cases it shall be deemed to be a notice by the party himself as lawyer is simply an  agent of the party and is acting on instructions.

Therefore to import a term like "lawyers'notice"is in my opinion a misnomer and a non existing thing. so a party is well in its right can send both notices "legal as well formal" on his own with out taking any help of any lawyer as its' that party choice to decide whether he needs services of a lawyer or not.

ans2next part: IF notice sent was served and no payment is made file compliant after the stipulated period has passed. But if notice has returned back try again to serve the same.

Dear all,

What if we have issued a notice wth 15 days time period demanding payment. but the other party replies to the notice after 25 days. we have not yet initiated a compalint...

can we institute the complaint and say that the replyy was made ater the time given for the same...

kindly advice

you can file case after expiry of period demaning payment within next thirty days.