Cheque dishnouring matter
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
sir can a notice send by advocate two times IN ONE MATTER and please also tell me that 1 st notice was recieve by respondent and then by the mistake of my sdvocate reciept{AD} was was lost he send 2nd notice and now he tell me taht we CANT FILE CASE ON NEW RECIEPT OUR CASE WAS LIE ON OUR FIST NOTICE PLEASE SUGGEST ME WHAT TO DO. ANY CASE LAWS THERE PLEASE SUGGEST ME
Deepak Nair
(Expert) 10 January 2012
Only the receipt is lost. Do you have the acknowledgment card??
You can file against the first notice, but see whether there is any delay in the matter or not??
M.Sheik Mohammed Ali
(Expert) 10 January 2012
Cheque bounced case notice only one time valid notice as per law, if he lost the receipt or ad card then immediately send HO post office ask duplicate signed copy they will give immediately.
Dayananda Gowda
(Expert) 10 January 2012
mohammad ali sir is right and second notice is not valid
V R SHROFF
(Expert) 10 January 2012
Delay , if any will be condoned; You file Comp in basis of First Notice.
ajay sethi
(Expert) 10 January 2012
if your time for filing complaint on basis of first notice has expired file a summary suit
V R SHROFF
(Expert) 10 January 2012
Saab, Delay condonation is a rule, not exception, after amendment. I lodged many 138 cases cases after 3 months.
ajay sethi
(Expert) 10 January 2012
mr shroff i know delay can be condoned but querist has not mentioned how much much time has passed since first notice was issued .
further cheque bouncing cases in mumbai take long time to be disposed of unless assigned to some particular courts . so told him file summary suit
Sankaranarayanan
(Expert) 10 January 2012
Yes I do agree with mr sheroof and sethi
Sushil Sharma
(Expert) 10 January 2012
sorry to say but advolerum court fee will be affixed on summary suit. in my opinion for making a new cause of action he has to present the cheque once again in the bank if time remains.
Advocate. Arunagiri
(Expert) 10 January 2012
The time for limitation for the case will be taken from the date of receipt of the 1st notice.
It is not illegal to send a second notice. But, it will not raise any cause of action.
Querist :
Anonymous
(Querist) 10 January 2012
the 1st reciept and AD was missed then what to do please suggest .
Advocate. Arunagiri
(Expert) 10 January 2012
If you are very serious about initiating the case, you should keep every thing in safe custody.
Try to get the RPAD details from the post office.
Raj Kumar Makkad
(Expert) 11 January 2012
second notice is erroneous. complaint can be based only upon first notice irrespective of the loss of AD.
Advocate. Arunagiri
(Expert) 11 January 2012
Mr.Makkad, the author says he is not having the receipt also.
Deepak Nair
(Expert) 11 January 2012
I too am eaget to know what can be done if the postal receipt and the acknowledgment card are misplaced.
prabhakar singh
(Expert) 11 January 2012
So far loss of A/D is concerned it can be asked by a letter addressed to postmaster by giving details such as registration number, addressee name etc.And in case receipt is lost but no.date and other details are available a certification to the effect can be obtained.
prabhakar singh
(Expert) 11 January 2012
However present case has already stood spoiled by sending second notice,s138,has no role to pay only civil summary suit is the option.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 January 2012
