Can i file a complaint u/s 138 without AD/Enevelop ?

you can file a money suit 

YOU MAY KINDLY NOTE THAT AS PER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138 YOU HAVE TO SEND A LEGAL NOTICE DEMANDING THE AMOUNT OF CHEQUE DISHONOURED.AND FILE A CASE WITHIN LIMITATION PERIOD IF AMOUNT IS NOT REPAID WITHIN LIMITATION PERIOD.

YOU MAY APPLY TO THE CONCERNED POST OFFICE FOR ISSUE OF CERTIFICATE REGARDING DELIVERY OF SAID REGISTERED POST LETTER AS YOU HAVE NOT RECEIVED ANY ACKNOWLEDGEMENT OF R.P.A.D.YOU MAY FILE  COMPLAINT EXPLAINING ALL DELAY DUE TO NON RECEIPT OF RPAD.AND ENCLOSE THE COPY OF APPLICATION SUBMITED TO POST OFFICE FOR ISSUE OF CERTIFICATE REGARDING THE DELIVERY / RETURN OF ENVELOPE CONTAINING LEGAL NOTICE.

YOU MAY FILE THE COMPLAINT TO THE COURT WTH ALL DOCUMENTS AND ARGUE THE MATTER STRONGLY ,COURT MAY ISSUE PROCESS AGAINST THE ACCUSED.UNDER SEC.138 OF N.I.ACT.YOU WILL SUCCEED.GOOD LUCK.

KINDLY SEND EXACT DETAILS FOR FURTHER HELP.

Yes you can file just write a line in the complaint “ but the accused maneuvered in such a way that neither the Registered envelope or the acknowledged were received back by the complainant” YOU CAN FILE CASE U/S 138 NI ACT 100%

Thanks for replies, i think you solved my problem. I will file the complaint on monday sir !! :)

thanks to N.B sawant sir, Anuj Anand sir and S. Moh. Ali sir.

y can file complaint, and u can also call upon the concern post master as a witness regurding the exhibition of the receipt and mention the concern post master in list of witnessess.

Sending notice is defferent than recieving. Unless you have clear confirmation from post office no process can be issued.

Dear Hemant,

1) You can issue another fresh notice and wait for acknowledgement as i believe your limitation to file this complaint must be on verge of lapse.

2) check some case laws in cheque bounce digest  before issuing fresh notice on same bounce to quote further.

3) As rightly said by sheik ali that you can fiel money suit as well but then you need to deposit court fees on the amount of cheque

Dear Hemant,

1) You can issue another fresh notice and wait for acknowledgement as i believe your limitation to file this complaint must be on verge of lapse.

2) check some case laws in cheque bounce digest  before issuing fresh notice on same bounce to quote further.

3) As rightly said by sheik ali that you can fiel money suit as well but then you need to deposit court fees on the amount of cheque.

Regards

Ambrish, Bhopal.

www.advocatelive.com

Dear Mr. Hemant please adhere to the advice of Mr. Kulkarni and Mr. Sawant. what they have is very important

you can file complaint, you please adhere to the advice of Mr. Kulkarni and Mr. Sawant.

Dear seniors,

Thanks for your valuable opinions , i am going to file that complaint on monday. I asked it to my senior, and he also suggested me to file the case. Thanks to all of you. :)

Regards

Dear Hemant,

Yes you can file the case, you will have to convince  the court that non delivery of your notice  was due to malicious act of Accused. Please present your application which you have given to post office (after a month)  with your complaint.if you recieve any reply from post office then  present it before the court. Good luck !

Yes please tell us what happened after filing of the complaint before court.

Dear,

             No doubt you can file the complain u/s 138 N.I act . There is not any necessity of filing the A.D. with your

complaint . Just the receipt of the registry with the copy of the notice is sufficiant for filing the suite . After summoning from the court,if the oponent says that the notice was not served to him, then at that stage you have to give the evidence of sending the notice .