whether by hand notice given to the accused u/s. 138 of n.i. act is treated as a valid notice or not

darshan (Querist) 21 February 2011 This query is : Resolved
Hello,
I have filed a complaint u/s. 138 of Negotiable Instrument Act. now the question is occured that whether by hand notice is a valid service or not?
So please advice me that whether it is a valid service or not? please give me any citation if any available.
It's urgent. plese.

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Devajyoti Barman (Expert) 21 February 2011
Yes it is very much valid but have you proof with you to show the service.

Out of Court (Expert) 21 February 2011
sugestion upheld ..

Kirti Kar Tripathi (Expert) 21 February 2011
If you have proof, it is absolutely valid and legal.

Parveen Kr. Aggarwal (Expert) 22 February 2011
Section 138 of the Negotiable Instruments Act, 1881 does prescribe any mode for service of notice. So, the notice served by any mode including by hand service is a valid service. However, it will have to be proved by you that such notice was in fact served.

Guest (Expert) 22 February 2011
the legal notice must contain cheque given by accused, sent for collection and dishonoured due to insufficient funds and a call for repayment of amount within 15 days . These facts must be satisfied. Although if you have proof of service it will not come under 138 of NI notice.