Case for 138 ni
CreateGoodwill
(Querist) 12 November 2011
This query is : Resolved
I have deposit the chq for 10L which got returned
we are regularly following up with the partner for payments .. and following up at his office and residence
we have sent legal notice under sec NI138
they came return .. postal remarks, out of station for long time, left respectively
though we are following up at same address.
now on what basis we can file NI138 case against them
pl suggest
Nadeem Qureshi
(Expert) 12 November 2011
Dear amit
if the remark is that the addressee is"out of Station" then the service of notice is confirmed or it is presume that notice served after expiry of notice period you can filed the case
feel free to call
Sankaranarayanan
(Expert) 12 November 2011
yes now you can file the case with the help of the advocate who sent earlier notice .
Shonee Kapoor
(Expert) 12 November 2011
File a case within limitation period
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shailesh Kumar Shah
(Expert) 13 November 2011
In your previous thread stated that cheque was bounced on 2010. and this post you are stating that notice have been sent.
when notice have been send ?
when cheque was bounced?
is notice send within 30 days?
Jebaraj Jasper Jacob
(Expert) 13 November 2011
The endorsement made by the postal dept can deemed that the notice was served on the defaulter. It is duty to collect the notice from the postal dept. You have every right to file complaint U/s 138 of N.I Act with in the prescribed period. Even if limitation period got expired the same can be condoned if valid reason is shown for the delay. so immediately file a complaint.
