section 138 0f ni act
pushpakrishna
(Querist) 07 May 2016
This query is : Resolved
Dear experts,
A person given a cheque for loan and returned due to insufficient funds and notice given and returned from postal department stating as addresse is not there.Where abouts not known to me.court returned the case for want of his address stating when the notice returned from the posta department as addresse not there how can be deemed the notice as served.kindly clearify and advice a suitable manner .thanq in advance.
pushpakrishna
(Querist) 07 May 2016
Dear experts,
Would it be convenient for you let me have a suitable advice? at once.thanq.
P. Venu
(Expert) 08 May 2016
What is the advice of your advocate?
NANDKUMAR B SAWANT
(Expert) 08 May 2016
Kindly note that..1) you had filed case in court and was returned to you for said objections.2 ) kindly note that limitation period for filing case after dishonour of cheque is already over.3 ) you may file a civil suit for recovery of amount of said cheque.notice you may send by regd.post on last known address of said person .and can also publish in local news papers .it will be service of notice.you may file a civil suit for recovery of said amount..pl.note.good luck.N.B..sawant.advocate high court
NANDKUMAR B SAWANT
(Expert) 08 May 2016
Kindly note that..1) you had filed case in court and was returned to you for said objections.2 ) kindly note that limitation period for filing case after dishonour of cheque is already over.3 ) you may file a civil suit for recovery of amount of said cheque.notice you may send by regd.post on last known address of said person .and can also publish in local news papers .it will be service of notice.you may file a civil suit for recovery of said amount..pl.note.good luck.N.B..sawant.advocate high court
Rajendra K Goyal
(Expert) 08 May 2016
Clear facts with dates, amount, cheque when returned, when notice sent etc. need to be mentioned. Discuss with your lawyer.