mesuggest (prop.) 23 May 2015

Notice on wrong address in n.i. act

By mistake a notice has been sent at Room No. 405 instead of 406 for dishonour cheque and returned "unclaimed" by postal authority and the case has been initiated agianst the opposite party on that basis.

But Now the complainant came to know the above mistake.

Whether such case in N.I.Act sec. 138 is maintainable ?

Kindly give opinion.

Thanks in advance

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3 Replies

Jeetender Gupta (Advocate) 24 May 2015

Notice sent on wrong address could affect maintainability it some later stage. If validity of cheque still there, it would be better to withdraw complaint with liberty to file again. Consult your local lawyer as well for this option.

mesuggest (prop.) 26 May 2015

Shri Gupta ji

Thanks.

mesuggest (prop.) 07 June 2015

I have gone to withdraw the case and I took matter on Board but the Court was on leave and hence the case was presented before the other Judge having charge of that Court. The Other Judge rejected the application of taking matter of Board by saying that present the case before regular Court. But that Court was on leave for 8 days and till then the validity of the cheque expired.

Now what to do ?

Can I make an application to allow me to issue fresh notice on correct address without loosing validity of the notice period. ?

Or any other way ?.

Kindly Guide,