Legal Question in Banking Law in
how to draft a notice under 138 of NI act
can u plz guide me in this behalf
4 Answers from Attorneys
there is no format as such for a notice u/s section 138 NI Act. You yourself may write to the drawer of cheque that his cheque number __+_ dated _____ for Rs. ___ on ___Bank has been dishonoured by his bank (name of the bank & branch) for the reason ___(give reason like insufficient fund). Ask the drawer of the cheque to make the payment of the cheque amount within 15 days or else you will initiate legal action. Please take caution that you do not send him back the original cheque or the original bank return memo. You have to retain the original cheque with you. Send the notice by registered post under acknowledgement
contact a local lawyer to avoid further complications
the notices are drafted after knowing the facts of the transaction. you may contact a local lawyer for this purpose.
Read the provision of law and include all necessary ingredients in your demand notice. It should contain all necessary facts in chronological order and raise your demand at the end. You may send your draft by e-mail for vetting by my office.
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