Legal Question in Appeals and Writs in India

Negotiable Instrument act 1881

I have filed a case under sec 138.

but my case was dismised on two grounds one that improper of service of notice as i have sent registered post to correct addresee, but some third person has signed on accused, so when my clinet was asked to see and verify the signature on the endorcement my client answered as that it not the signature of the accused.

NO. 2-- I have mentioned amount on the top of the notice and in the later para's I mentioned as ''said'' amount

so on the said grounds my case was dismissed.

wether I have any chance's to appeal. If so what are the grounds to be taken in the appeal and in what suuport of judgement.

can you clearify this.

Thank you

venkatesh babu


Asked on 12/07/07, 12:43 am

4 Answers from Attorneys
RAJENDRAN PARAMESWARAN RAJENDRAN ASSOCIATES

Re: Negotiable Instrument act 1881

Unless the order of the court is seen it will not be possible to give a definite opinion. For further details visit: http://rajendran.parameswaran.googlepages.com/home

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Answered on 12/07/07, 5:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Negotiable Instrument act 1881

Your copy of the court order needs to be examined.

Please mail or send it by post.

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Answered on 12/07/07, 5:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Negotiable Instrument act 1881

Pl mail the copy of the dismissal order.

rgds

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Answered on 12/07/07, 6:08 am

Re: Negotiable Instrument act 1881

Statement of your client has no problem and the issue of service can be handled but the issue of notice is vital because as per law you are required to demand cheque ammount through notice.There are Chances and you can suceed if you could handle the issues properly.Take a chance if you can handle both issues properly otherwise engage a experienced and senior lawyer.In case of need contact with details.

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Answered on 12/07/07, 11:33 am


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