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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 "Registered A.D. Notice for Dishonour of Cheque under Section 138 of the Negotiable Instruments Act, 1881" is typically used in India when a payee wishes to formally notify the drawer of a bounced cheque regarding the dishonor. It is a crucial step before initiating legal action for cheque bounce. Here's a brief guideline on its use and common mistakes to avoid:
Usage:
Legal Requirement: Before filing a formal complaint, the payee must send a Registered A.D. Notice to the drawer within 30 days of the cheque's dishonor.
Draft the Notice: Prepare a clear and concise notice addressed to the drawer, stating the facts, cheque details, and demand for payment of the cheque amount within 15 days.
Registered Post: Send the notice through registered post with acknowledgment due to ensure proper service. Keep copies and postal receipts as evidence.
Common Mistakes to Avoid:
Inaccurate Information: Ensure all details, including cheque particulars and legal provisions, are accurate.
Missed Deadline: Serve the notice within the statutory timeframe to maintain legal validity.
Lack of Supporting Documents: Attach copies of the bounced cheque, notice of dishonor from the bank, and any other relevant documents as evidence.
Unreasonable Demands: Request a reasonable amount of compensation aligned with the actual damages suffered.
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 Registered A.D. Notice is a critical preliminary step in a cheque bounce case. By adhering to these guidelines, you can establish a strong foundation for legal action while protecting your rights as a payee.