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dipali (labour consultant)     15 January 2020

Non service of notice underbN.I.Act 138

Defaulter is staying in a rented premises. Due to nonpayment of dues, bank has issued legal notice under N. I.Act 138.This notice is returned with remarks.. LEFT.as defaulter has vacated the house which is taken possession by one builder who has demolished the house for setting up one new building. Bank issued second legal notice to his other address which has been received by the defaulter. No my querries... 1.When rented house is demolished and the defaulter is not staying there for more than one year or more, can this notice be adduced as served. I feel it is not served as the defaulter was no more staying there. . . 2 limitation period what I feel must be
counted from the issuance oof second notice. 3 In the above case, cheque was presented once only. will you please enlighten on the above matter at the earliest.


Learning

 1 Replies

Karishma Yadav   13 May 2020

Greetings!

The following article might help you-

https://www.lawyersclubindia.com/articles/all-question-related-to-section-138-negotiable-instrument-act-1881-9105.asp

https://www.lawyersclubindia.com/articles/procedure-for-complaint-filed-u-sec-138-n-i-act-3452.asp

 

Regards.

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