138 ni act

jagdish pandey (Querist) 08 August 2012 This query is : Resolved
sir,my partner wrongfully grabed our pvt ltd company and later agreed to settle the matter,he gave me 2 nos pdc cheques whuch was bounced due to insufficent fund.after all procuder i have filed a case u/s 138 ni but the opposite party is not receiving the notice, allready 3 time notice have been sent by court

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ajay sethi (Expert) 08 August 2012
what is endorsement received on said notice ? make an application for substituted service

SAINATH DEVALLA (Expert) 08 August 2012
You are saying he is your ex-partner,don't you know his whereabouts?If he does not receive the court notice then the sam can be affixed on the doors of his house.If he is not still responding then you can request for issuiance of a warrant.

jagdish pandey (Querist) 08 August 2012
ajay sir good evening as the party is managing the post peon,they are endorsing as adresse not available.

Guest (Expert) 09 August 2012
You say you have filed the complaint u/s.138 NI Act against your opponent. You must have earlier sent a legal notice which should have received by him, which can be brought to the notice of the Court and prove to the Court that the opponent is refusing to receive the notice. Alternatively, as rightly suggested by Mr.Ajay, you may pray the Court to grant "substituted service" through popular daily newspaper.

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