Cheque bounce: notice delivery

Proof of service of notice is must.

After case is file by complainant in court, all documents are cross checked by Judicial Magistrate First Class, so original documents such as original cheque (bounced), original memo, copy of notice, receipt of post office, receipt of U.P.C., acknowledgement receipt, are required at the time of cross checking. The period of limitation is also verified at this stage.

yes i too agreed with the experts.

Sir My question is i have proof of despatch on correct address but due to manipulation it is not delivered and returned back with remarks no such compnay on this adreess

 

What should be done or it will be presumed as proper service

-you have proof of dispatch and whatever it is returned ad or mails(printed form) you can use them and in your case if they say there's no co. n you are suing a co. then hope that's a company cheque . . go ahead and file it . .

Without delevery of notice no case is possible. Please read the section 138 carefully it has two parts issue of notice and reciept of notice.

For any cheque bounce case there are many such eascape routes for the accused.

Pawan. 

General Clases Act.SEC 27, 

Once Notice is sent by Regd Post to Last correct known address. it is deemed served. So Notice is served. You must produce proof that notice was served on his correct address and intimation sent by Post,mbut he did not collect. 

 

Shri Ramachary, 

UPC  UNDER POSTING CERTIFICATE ::: ARE GONE  DAYS.THOUGH IT WAS BEST AND CHEAPEST, & IMMEDIATE PROOF OF POSTING AT CORRECT ADDRESS. 

Many advocates remain under this misconception till the end of the case by misinterpreting the provisions of the GENERLA CLAUSES ACT.

1) First you have to prove by reliable evidence that the address where you sent the notice was last known address.

2) It is only your word that notice so sent by you is not returned back, you have to prove it by evidence.

Just possible the notice is recieved back undelevered and you are hiding this fact.

THIS ISSUE HAS BEEN DISCUSSED IN DETAIL IN MANY JUDGMENTS OF HIGHCOURTS AND EVEN APEX COURT.

Some enterprising litigant can send a regd AD letter to some address at ANDAMAN NICOBAR and claim it is not returened and the service of notice must be presuded. NO NOT AT ALL.

Other important aspect of service of notice is special in NI 138 which most of the complainant and their advocates forget ro read, appreciate or believe.And most the defense advocates are not agressive to defent their client so this most importat aspect is over looked.

Cheque bounce case is crimnal case and it is not for recovery of money but for PUNISHMENT.

THERE ARE TWO PARTS IN SECTION 138 FOR NOTICE. SUB SECTION B ) SAYS SENDING OF NOTICE AND SECTION  C) SAYS RECIEPT OF NOTICE AND BOTH ARE NOT SAME. 

SENDING OF NOTICE CAN BE PRESUMED BUT ON SAME BASIS ITS RECIEPT CAN NOT BE PRESUMED.

IT TIME LIMIT has been not laps then you find is right address send it back by Reg. AD,, with acknowldge card ,,,

bcz if address is not correct or that person or company is not there then you face another proble while serving Summons ,,,or Warrant,,, so it would be good ,,,two thing

1 if notice period laps then again produce chaque before confirn Bank and get it specific Remark,

2 trace his correct address and sent the notice by Speed post or Reg. AD....

after that wait for report if u get back with remark keep it with u ,,and produce all document after filing of case at the time of verification ,,,,,,,

Adv. Dinesh Rajpurohit

B.A.,LL.B,LL.M, DCL, DCFS.