Legal Question in Criminal Law in India

Sec.138 of N.I.Act Criminal Law

Before filing a compliant ,notice has to be given to opposite party under the above Act. Is it mandatatory that the notice should be given through the Advocate, if so pl. quote the relevant provision.. The complinant can himself give the notice of intimation. Please clarify.


Asked on 4/25/09, 6:25 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Sec.138 of N.I.Act Criminal Law

Yes complainant can give the notice provided the requirements of the notice is followed.

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Answered on 4/28/09, 3:21 am
Sunil Goel S.G. SOLICITORS

Re: Sec.138 of N.I.Act Criminal Law

There is no requirement in law that notice under Section 138 NIA has to be given by a person only through an advocate. The person/complainant can himself issue the demand notice under Section 138 NIA.

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Answered on 4/29/09, 8:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sec.138 of N.I.Act Criminal Law

Notice of Demand can be issued by the payee or his/her/its advocate.

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Answered on 4/26/09, 1:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Sec.138 of N.I.Act Criminal Law

You may serve the notice of demand directly without an Advocate.

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Answered on 4/25/09, 2:36 pm


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