LEGAL NOTICE Credibility | Legal Notice in Criminal Case | When Legal Notice is generally sent скачать в хорошем качестве

LEGAL NOTICE Credibility | Legal Notice in Criminal Case | When Legal Notice is generally sent

Whether legal notice is sent in criminal cases? ✅ No legal notice is required before filing a criminal case • In criminal law, when an offense is committed (like cheating, murder, assault, theft, etc.), no legal notice is necessary before approaching the police or magistrate. • You can directly file an FIR (First Information Report) or a criminal complaint before the Magistrate under Section 156(3) or 200 CrPC. Why no notice in criminal cases? • Because criminal acts are considered offenses against society or the State, not just private wrongs. • The state prosecutes on behalf of society; it is not necessary to first "warn" the accused. ✅ When can a notice be sent in criminal matters? Though not mandatory, in some cases advocates still send a legal notice to: • Warn or caution someone before taking criminal or civil action. • Demand settlement or compensation before filing a criminal complaint (example: in cheque bounce cases). Cheque bounce cases (Section 138 NI Act) — Mandatory legal notice • In cheque bounce cases, a legal notice is mandatory under Section 138 Negotiable Instruments Act. • You must give a 15-day notice after receiving cheque return memo, demanding payment. • Only if payment is not made within 15 days, a criminal complaint can be filed. Cases involving both civil and criminal wrongs • Sometimes the same act gives rise to civil as well as criminal liability (e.g., cheating, misappropriation of money). • In such cases, an advocate may send a legal notice to first demand payment (civil remedy) and warn about criminal action. ✅ When legal notice is generally sent? (Civil matters) Legal notices are usually sent in civil cases, for example: • Recovery of money • Breach of contract • Eviction notices to tenant • Specific performance of agreement • Property disputes • Divorce or maintenance cases (Hindu Marriage Act notice before filing RCR or divorce petition) #advocate #legalnotice #criminalcase #criminaljustice #criminalcases #civilcases #civilcase #138niact #llbdelhi #legalnotice #moneyrecovery #chequebounceinunsecured #chequebouncecase #chequebounce #delhihighcourt #supremecourtofindia #districtcourt