Ni notice not received to delay process
nitin gatagat
(Querist) 03 July 2013
This query is : Resolved
dear sir
what will be the process if i had not received notice of ni act us 138 ni act,
what if i made remark adreess changed on register post.. and next process
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 July 2013
Which notice you want to refer. Notice prior to filing of case or notice of court after case is filed.
If you are referring notice prior to case than even if notice is returned normally case is filed and process issued.
And that is the normal advice your opponent will receive.
But this itself will be boon for the accused to win the case. Since it is very difficult to prove SENDING and DELIVERY of notice during trial by the complainant.
Any accused can win the case on this point alone since the cheque law provides for these as two separate and distinct acts. Many HIGH COURTS and even SC has dealt on this aspect in detail.
R.K Nanda
(Expert) 03 July 2013
state full facts.
Raj Kumar Makkad
(Expert) 03 July 2013
If your address while sending the notice by the complaint prior to the filing of the complaint was same wherein the subsequent notice was sent by the court and if the comments of address change is manipulated, it shall be presumed that the accused is deliberately avoiding the service and in that event a bailable warrant and then non-bailable warrant shall be sent through police.
santhosh.g.
(Expert) 03 July 2013
if notice is send to you in the known address even though you shifted your address the presumption as per general clauses act section 27 it is lawfully served
Raj Kumar Makkad
(Expert) 03 July 2013
Bhagwan Midme main bhagne se nhi ladne se kaam chlega.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 July 2013
You appear in the court and engage a good lawyer . there are many steps if taken properly will solve your purpose.
So instead of avoiding court notice appear and use proper defense tactics with a good advocate.
