Section 138 Notice I

Posted on by Rudrajyoti Nath Ray

You do not need an Advocate to draft a Section 138(b), NI Act notice. A hand written note mentioning, i) the amount under subject, ii) cheque nos., iii) dates of issue, iv) bank particulars, v) details of dishonor, with a demand for repayment, is valid for the purposes of calculating relevant limitation periods.

In Pawan Kumar Ralli v. Maninder Singh Narula, 2014 (9) SCALE 327 it was insisted, a formal legal notice was real and not the hand written note. The contention was rejected in view of the law laid down in Central Bank of India, (1999) 8 SCC 221. A Section 138(b), NI Act notice has no prescribed form.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.