N.I Act 138
jasvinder
(Querist) 06 June 2009
This query is : Resolved
the applicant gave rs 50000.00 to one mr x on 1.5.2005 by cash as the same was well known to applicant.after great persutation x issued cheque on 18.6.07 of rs 50000.00 on name of applicant which was bounced due to insufficient fund on 27.7.2007. the applicant send regd notice to x on 14.08.07 which he refused to take as such applicant filed case on 11.09.07 against x which was on time.
applicant advocate gave a copy of complaint to applicant for cross examination.applicant submitted the chef in form of affidavit on basis of copy given by advocate.
at the time of cross x advocate asked various question the main was -when the applicant send the regd notice to x on the basis of copy of complaint and affidavit the applicant answered the date as 19.08.07. since the date was written wrong on complaint 19.08.07 instead of 14.08.07 and in same was written in affidavit of applicant i.e 19.08.07 the x advocate strongly opposed that the notice send to x as told by applicant in cross and affidavit was on 19.08.07 and same was not present in file.now what to do any case law
Khaleel Ahmed Mohammed
(Expert) 07 June 2009
The Supreme Court of India ruled that, the proof of the service of the statutory notice is not required while the proceeding under section 138 NI ACT.
Ask your advocate to study the case law of Supreme Court Of India.
