U/s 138 ni act, defective notice

arun (Querist) 05 June 2017 This query is : Resolved
sir,i have filed a complaint u/s 138 ni act.
i have sand a legal notice to 2 persons . A & B . in the trial court during the trial i found that i have i should have sand the notice to C not to A.i move application in trail court which was allowed. but revision filed by the res. allowed. ill advise given by the counsel i have not approach high court.
in the trail court i m secede.
but appellant court said the you should have sent the legal notice to right person.that is C.order set aside.

now in the against acciutial can i taken this plea. in high court. wh remady i have.
kindly help me.

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Advocate Bhartesh goyal (Expert) 06 June 2017
You have not sent notice u/sec 138 ( B ) of N.I.Act to C so Without compliancing with sec 138 ( B ) of N. I. Act, your complaint as well as appeal is not maintainable.