[Prakash Rathod]

Dear Ashok Sir,

I have spoken to 2 more lawyers personally and both of them told me that I can’t send new notice after already giving notice for first dishonor of cheque. They specifically said it is not possible as it is not allowed.
One of them told me to file a summary suit and file section 420 case separately if I wanted to but both of them categorically denied to send new notice under section 138.

Sir I request you to kindly share number of a lawyer who you know in Mumbai and can help me. I have read your article on judgement of “MSR Leathers v. S. Palaniappan” but lawyers are not ready to take up my argument to send new notice u/s 138.
Please help me Sir. Its a humble request.

[Prakash Rathod]

Sir, first of all thank you very much for replying to my query.

About the condone of delay, one lawyer informed me that it can take more than 6/7 months for a judge to consider my delay request and accept the case afterwards for a trial. He clearly said its totally up to Hon. Judge whether to accept the case or not for trial. So he advised me not to opt for this option and said to go for civil suit.

So far I talked to 3 lawyers and all of them informed me that I can’t send the second notice after second dishonor as they are saying it is against the law. I will share your articles with them and hopefully one of them agrees to send a new notice after second dishonor. I will inform you regarding the same.

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