N.i.act

adv.durgadas k.kulkarni (Querist) 13 December 2012 This query is : Resolved
Is it mandatory to send notice upon defaulter u/s. 138 of N.I.Act by Registered Post A.D.? Can complainant send notice by courier service?

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Ravikant Soni (Expert) 13 December 2012
Giving a demand notice in writing is sufficient for the requirement of section 138 n i act. It is not mandatory to send notice by post. But you send it by other method then burden of proof as to such fact charged upon u. Because general clauses act sec 27 contemplates no presumption as to other methods of sending notices than that abt registered post.

ajay sethi (Expert) 13 December 2012
send legal notice preferably by Spped post AD/ Regd Post AD .
you can if you so desire send notice by courier .but you will need prrof taht notice has been received by the accused or that he refsued to accept it

V R SHROFF (Expert) 13 December 2012
For Evidence in court Regd Post is preferred. You can Hand Deliver with sign of receipt/ you can send by Currier, or speed post also, but it may be difficult to prove, once denied by accused.