138 n.i.
Jagdish
(Querist) 26 March 2013
This query is : Resolved
Demand notice is sent by speed post and now on website it shows that door closed-intimation served. So can we send again the legal notice on another address? or is notice is deemed to be served?
ajay sethi
(Expert) 26 March 2013
notice is deemed to be served . also file summary suit for recovery of money . results are faster
Advocate M.Bhadra
(Expert) 26 March 2013
No need to issue further Notice,it is duly served, If the Dishonored (dishonoured, bounced) cheque / cheques amount is not paid within said fifteen days, then you can file the Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court within thirty (30) days henceforth. That means, after fifteen days from the date of receipt of legal notice of demand by the drawer, you have thirty days to file the said Criminal Complaint.
The Time Period for filing Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) Cheque Three (3) Years from the date mentioned in the Dishonored (dishonoured, bounced) cheque.
Raj Kumar Makkad
(Expert) 26 March 2013
The notice in the given facts shall be treated as if duly served upon to the addressee and now you need not to do the desired exercise rather move ahead.
V R SHROFF
(Expert) 26 March 2013
no need to send notice again.
File 138 case after 15 days.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 March 2013
This is just a start, case can be filed and process will be issued in normal course.
But such cases give ample opportunities for the defense to protect accused. Any normal advocate can poke holes by expert cross even on a normal and routine matter of issue of notice.
Please remember the time tested MURPHY S LAW-
If there is a possibility of several things going wrong, the one that will cause the most damage will be the FIRST to go wrong.
If you perceive that there are four possible ways in which something can go wrong, and circumvent these, then a fifth way, unprepared for, will promptly develop.
Nature always sides with the hidden flaw. OR
The hidden flaw never stays hidden for long
