Notice on wrong name
Nishant Jojhra
(Querist) 22 February 2013
This query is : Resolved
What if notice under sec 138 of NI Act is sent to a person whose name is incorrect but the address is correct? What will be the effect of that notice? Will the service of that notice be valid or not?
R.K Nanda
(Expert) 22 February 2013
it is invalid notice.
ajay sethi
(Expert) 22 February 2013
notice wont be valid
prabhakar singh
(Expert) 22 February 2013
It shall be deemed as if no notice of demand was sent to the drawer of the cheque at all.
Was it with acknowledgement due and actual drawer signed the acknowledgement?
V R SHROFF
(Expert) 22 February 2013
Reissue notice with correct name and last known Address.
You mat present chq once more , if not within limitation.
prabhakar singh
(Expert) 22 February 2013
But the opinions seems to be contrasting.
Raj Kumar Makkad
(Expert) 22 February 2013
Such notice shall not be treated as a valid notice.
Nishant Jojhra
(Querist) 23 February 2013
Dear Prabhakar sir, he refused to acknowledge the notice reson being the wrong name.
prabhakar singh
(Expert) 23 February 2013
Then notice is not served as it was not sent to person to whom it was required to be sent.I was trying to explore how to consider a case where notice sent in wrong name is received by real person by signing the acknowledgement in his real name.
Here in your case there is NO SERVICE OF THE NOTICE REQUIRED.
