N.i. act

Querist : Anonymous (Querist) 20 November 2011 This query is : Resolved
RESPECTED SENIORS,

I PLEASE REQUEST YOU TO PROVIDE ANY CITATIONS REGARDING THIS CONCEPT.

U/S 138 OF N.I ACT, IF THE ACCUSED DIDN'T ACKNOWLEDGED THE NOTICE GIVEN BY COMPLAINANT, WHETHER THE COMPLAINANT CAN PROCEED THE MATTER IN CASE OF THE NOTICE SENT WAS RETURNED UNCLAIMED.

PLEASE PROVIDE THE CITATIONS IF ANY.

THANKS & REGARDS,

ADITYA.

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prabhakar singh (Expert) 20 November 2011
I am here to tell you only that Mr. Dhingra has the appropriate answer for you so be careful in discarding others against him.

Raj Kumar Makkad (Expert) 20 November 2011
Mr. Prabhakar Singh! This is not the way to reply query.

You may appreciate any expert of your choice but you have no right to discard others compared to a particular expert.

Why querist should not discard you and should ignore your 'advice' as you also come within definition of 'others' then Mr. Dhingra?

prabhakar singh (Expert) 20 November 2011
I would be happy lot.

Raj Kumar Makkad (Expert) 20 November 2011
1. Ashwani Kumar Julka versus Lt. Col. Parthojit Choudhary (Retd.) {Crl.M.C. No. 1379/99, Date of Decision: 15-11-2006} Delhi High court reported in DLT 2006 (1) 345.

2. Notice- letter written by complainant can be construed as notice under Section 138 NIA.-Complaint can be filed on 16th day –2002 Crl.L.J. 3001. Bom.

3. Notice need not be sent through registered post – notice/letter sent under certificate of posting – presumed to have received by accused. 2002 Crl.L.J.2731 A. AP.

4. Notice returned – left not known – deemed service - contra should be proved at trial. 2002 Crl.L.J.1926 Kar.

Raj Kumar Makkad (Expert) 20 November 2011
Prabhakar Singh ji! Dhingra ji has still not come whereas I have posted 4 relevant citations for querist and let you still advise querist to discard me.

prabhakar singh (Expert) 20 November 2011
Oh! No no no makkad g i did not mean that u are understanding but i just meant between you two i think..............

Arvind Sehdev (Expert) 20 November 2011
If the notice was sent... Then proceed ahead... Don't loose out on your time limit....

"Notice returned unclaimed deemed as served. Payee’s duty is over by dispatching notice. A payee can send the notice for doing his part for giving the notice. Once it is dispatched his part is over and the next depends on what the sendee does. Evading service of notice is deemed served. 1999 (3) CTC 358 SC. "

http://www.lawyersclubindia.com/judiciary/NI-ACT-138-CASES-1147.asp

Plus Mr.Makkad provided you with a lots... I hope that should be enough :]

Arvind Sehdev (Expert) 20 November 2011
Dear Makkad ji and Prabhakar ji...

Would it be possible to continue this on private conversations... Doesnot give out an exceptable impression....

And can you please edit your posts here [if possible].
And I say this with a lot of respect and humility for both of you...

Arvind Sehdev (Expert) 20 November 2011
And Mr.Aditya,

You should proceed to court as you have the law on your own side:

Please do read
General Clauses Act, 1897, Section 27

You need citations if law is not express where law is express you rarely need citations in 138 NI

Rajeev Kumar (Expert) 21 November 2011
Agreed with the view expressed by experts

Advocate. Arunagiri (Expert) 21 November 2011
I am also having the same impression and thought as Mr.Arvind expressed.

Experts should avoid personal / emotional conversations in public.

Devajyoti Barman (Expert) 21 November 2011
Yes I agree.

Shonee Kapoor (Expert) 21 November 2011
No reason to differ from experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shailesh Kumar Shah (Expert) 21 November 2011
No addition needed.

Sukhija (Expert) 26 November 2011
No reason to differ from experts Except Notice is sent to correct address of Accused.