Section 138, NI Act Notice

You do not need the help of 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 a valid Notice for the purposes of calculating relevant limitation periods.

In Pawan Kumar Ralli v. Maninder Singh Narula, 2014 (9) SCALE 327 it was insisted that a formal legal notice, issued by an Advocate was the real Notice 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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