nagotiable Instrument Act
girish kodarlal bhavsar
(Querist) 22 February 2010
This query is : Resolved
If the cover of sttutory notice by RPAD may return with endorsement that the Adress is in complite in spite of that the UPC is not return by the same andorsement can the holder of the cheque can file Complaint u\s 138 of Negotiable Act ? whwther the Complaint is tanable and maintainable provided under the N.A. act?
yogesh bawiskar
(Expert) 22 February 2010
yes, sending of notice is essential and not receipt of notice
Parveen Kr. Aggarwal
(Expert) 22 February 2010
If, in fact the address mentioned on the postal cover is complete and this fact is proved by the complainant then, it will have no effect on the complaint. Otherwise if the address mentioned thereon is in fact incomplete then, the complaint will fail. Although, the complainant is supposed to send the notice and it is not his duty that the notice is actually received by the addressee yet the complainant has to fulfill the basic requirement of service by post and the meaning of service by post has been defined in section 27 of the General Clauses Act, 1897 which is reproduced below:
"27. Meaning of service by post.- Where any (Central Act) or Regulation made after the commencement of this Act authorizes of requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression in used, then, unless a different intention appears, the service shall be deemed to be effected by PROPERLY ADDRESSING, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."
Dr.Anjani Kumar Vaidyasen,09431271130,Patna
(Expert) 22 February 2010
Dear Sir,
I would like to suggest you that your notice is still undelivered and the reason is not mentioned here so I advise you to send another notice with AD for verification of adress of oposite party and the reason for not receiving it through registered speed post.
Thanks with regards.
Anjani Kr.Vaidyasen
B K Raghavendra Rao
(Expert) 22 February 2010
If the address on the cover is incomplete, how the notice could be served? It is sufficient to send notice provided the address is correct and complete.
Otherwise, complaint fails. As cover under certificate of posting has no record of returning, your version would not be valid.
Adinath@Avinash Patil
(Expert) 23 February 2010
NOTICE IS NOT PROPERLY SERVED IF INCOPLITE ADRESS ON THE COVER .YOU HAVE TO ISSUE ANOTHER NOTICE STATING THE FACT. OTHER WISE COMPLAINT UNDER 138 IS NOT ATTRACTED.
Kiran Kumar
(Expert) 23 February 2010
i agree with Mr. Patil and Mr. Rao here.
dear friend UPC is not an alternative kind of service to Registered post.
while delivering UPC, the post man will just throw the paper at a particular place, there is no proof of correct delivery.
and now if u file complaint presenting the Registered letter report of incomplete address then your complaint is liable to be dismissed/ quashed.
even if some notice is issued then you will be in trouble to establish the correct service of notice.
try to find correct address if any and resend the notice....however if you can prove that the address was correct and the post man gave the false report in connivance with the accused then go ahead with complaint....it all will be a matter of evidence.
Guest
(Expert) 23 February 2010
I do agree with Mr B K Raghavendra Rao, Mr.Adinath@Avinash Patil and Mr.Kiran Kumar.
