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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
A "Notice under Section 138 of the Negotiable Instruments Act" is a legal notice sent in India when a person or entity wants to initiate legal action against someone for the dishonor of a cheque due to insufficient funds. It is an essential step in pursuing a criminal case for cheque bounce. Here's a concise guideline on its use and common mistakes to avoid:
Usage:
Identify the Default: Ensure the cheque has bounced due to insufficient funds, and the transaction falls under Section 138 of the Negotiable Instruments Act.
Draft a Legal Notice: Prepare a formal legal notice addressing the drawer of the bounced cheque, stating the facts, demanding the payment of the cheque amount, and giving a 15-day window for payment.
Service of Notice: Send the notice through registered post with acknowledgment due or through a legal representative to ensure proper service. Keep copies and postal receipts as evidence.
Common Mistakes to Avoid:
Incomplete or Inaccurate Notice: Ensure the notice is complete, accurate, and adheres to legal requirements, as an incorrect notice can weaken your case.
Missing Deadline: Serve the notice within six months from the date of the cheque bounce to maintain legal validity.
Lack of Evidence: Gather proof of service, bank records, and documents related to the transaction to support your case in court.
Threatening Language: Maintain a professional and non-threatening tone in the notice to avoid potential counterclaims for harassment.
Non-compliance with Legal Procedures: Consult with a legal expert or attorney to ensure compliance with all legal procedures and requirements.
Sending a proper notice is a critical first step in a cheque bounce case. Consulting with a legal professional or advocate experienced in such matters is highly recommended for a smooth legal process.