Cheque bounce case
SATYANARAYANA K
(Querist) 08 April 2012
This query is : Resolved
Respected Experts
My client presented cheque into the bank, the same was returned with an endorsement that "Funds are Insufficient".
I got issued a Lawyer Notice, but Accused residing in the same address but accused may be used influence and rejected with an endorsement that "NO SUCH ADDRESSEE IN THE DOOR NUMBER" Actually he is residing in the same house.
How to proceed legally,
Please advise sir, i am a Junior Advocate,
I will be waiting for your valuable replies sir
V R SHROFF
(Expert) 08 April 2012
You should have sfficient proof of his true and last known address.
u can confirm it from [1] his transaction documents with your client
[2] from his Electricity bill, [3]ration card, [4]gas connection bill, [5]House property tax, [6]A Co-op Soc mtn bill,[7] His School going Children;s any communication by post or otherwise,[8]his s/bank a/c showing his Address etc.
Then post the Notice by Regd Post+ Speed Post + courier + by hand delivery.
Now courier, send one extra man with him with recording/ video in phone clip to prove accused accepted / or refused to accept the notice. It will Prove deemed service
Also send by HAND DELIVERY, with witness again. So it will be served, and if refused, you can use it against him as evidence.
Try any of thses, and at least one method will be successful. Speed post, delivered to any of the male members of family is sufficient proof of delivery.
Your duty is over, once u post it to his last known true and correct address.
You also be after Postman to deliver it. u manage him.
Sudhir Kumar, Advocate
(Expert) 08 April 2012
Whether the notice was sent by courier or Post Office. If the report of the Post Office is factualy in correct then you can make a complaint to the Supdt of Post offices reqeusting action against the postman. This way there will be a new postman and you report the notice. Now none in post office will play such game.
V R SHROFF
(Expert) 08 April 2012
As Querist have element of doubt, I suggested all other tricks to make it water tight. He is bound to file case within 45 days!!
Shonee Kapoor
(Expert) 09 April 2012
I agree with Ld. Shroff.
The complaint must be lodged within 45 days.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 13 April 2012
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