lalatendu das (advocate) 05 September 2014

138 attracted or not

In the case matter of dishonor of cheque the accused has not received the 15 days notice from complainant about insufficient of funds in his account but the complainant states that notice was not served due to refuse to accept by accused I want to know whether section 138 is attracted or not

Reply Follow

4 Replies

Advocate Bhartesh goyal (advocate) 06 September 2014

If the notice u/s 138 [b] of N.I.Act has been sent by complainant to accused on correct his address and accused has refused to receive the same then it will be presume that notice has been served to accused.

lalatendu das (advocate) 06 September 2014

Sir here as per the statement of accused he has not received such notice so there no question of refusal of notice but complainant showing in record that letter was returned due to refusal ..now is it possible to call the post peon for winess or what the law says in this regard