Cheque bounce notice
aarti
(Querist) 25 April 2012
This query is : Resolved
HELLO SIR
i send notice to my friend but his father did not receved it and said this person does not lives here....
his father seperated him from his property & said i 'll case on u if next time such things happens
now what should i do
should i send the notice again
M.Sheik Mohammed Ali
(Expert) 25 April 2012
as per NI act not allowed to 2 times notice so you file the case.
Deepak Nair
(Expert) 25 April 2012
What is the notice that you had sent??
If it is a notice under sec.138, then you need not send a notice again. You can file the case directly within the period of limitaion.
ajay sethi
(Expert) 25 April 2012
what was postal endorsement on said notice? if notice is served then you cn afile complaint uder section 138 if he fails to pay on time . contact a local lawyer
adv. rajeev ( rajoo )
(Expert) 25 April 2012
To file a complaint u/s 138 service of notice is mandatory. Try to find our your friend's address and send the notice to that address by presenting the cheque once again for the payment.
MohammedRaffiq Bijapur
(Expert) 25 April 2012
Hello Aarti
I differ my view from the above experts view.
If you are sure that ur friend was last residing at the address where u have sent notice then it is sufficient to file complaint without sending any further notice. per contra send notice or publish the same in news paper at the address where ur friend was last residing.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 April 2012
How do you determine that the address is same since court needs evidence and not your presumptions.
Any example of real case where notice prior of issue of summons in a criminal complaint can be published in a newspaper.
Shonee Kapoor
(Expert) 26 April 2012
Act as advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 27 April 2012
If you have sent the notice on the last known address of the accused person then the notice is sufficient and you need not send it again at some other place.
aarti
(Querist) 27 April 2012
RAJ SIR
now what to do how i file a case
and original cheques and related documents can i subbmit in court or photocopy...
V R SHROFF
(Expert) 27 April 2012
lodge 138 ni compl if 15 days of notice r over
R Trivedi
(Expert) 27 April 2012
IF the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.'' That is part of S.94, so if you have sent the notice on his last known address, prima facie it is sufficient.
On the other hand the S.138 clearly states that if the drawer does not give money within 15 days of receipt of notice.
Try to find out his whereabouts, and check the noting of postal department. In any case you are left with no option but to file the case. Take the help of a lawyer in filing the case.
R.RAJENDRAN
(Expert) 27 April 2012
Please get the address of your friend from the bank on which the cheque was drawn by your friend and send the notice again to that address to proceed further.
aarti
(Querist) 30 April 2012
r rajendra sir,
yes sir that was same address in the bank detail tooo
but his father refuses to take the notice and said no such man lives here
