How to serve cheque bounce notice to the runaway borrower ?
Guest
(Querist) 14 May 2010
This query is : Resolved
How to serve a notice of cheque bouncing in Delhi/India to the borrowers who has left his address? I lent Rs. 70000/- to one of my friends two months back,he issued me a cheque of the same amount as a guarantee,now suddenly he has run away with his family.I wanna start a case of cheque bouncing against him.How I will serve him the notice and start this case ? We have copy of his Voter Card declaring his old address from where he has run away.Can we send the notice to that address and Will the court consider the notice served even if it will be reported that the borrower has left that premises? Is not it a duty of the borrower to furnish his new whereabouts to me,absence of which should he not be considered a defaulter itself and declared a fugitive?
A V Vishal
(Expert) 15 May 2010
A notice to the last known address is sufficient.
adv. rajeev ( rajoo )
(Expert) 15 May 2010
Left that premises does not attracts 138 of NI Act. Service of notice is mandatory. If you have got time just publish the notice in the leading news paper. Publication amounts to service of notice.
N.K.Assumi
(Expert) 15 May 2010
Publish it in any of the leading news paper.
Virender Pankaj
(Expert) 15 May 2010
I do agree with Mr. Vishal. Publication of notice of dishonoured cheque in newspaper may amounts to Defamation.
nidhi kalia
(Expert) 15 May 2010
I ALSO DO AGREE WITH MR VISHAL
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