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Mayank Wadhwani   12 October 2024

Cheque bounce legal notice

My father presented cheques of a party which got bounced. Our lawyer has sent legal notice to the party through registered AD within a month. The person was not available at his address for taking the notice. A child at person's home told to the postman that person is not available. Child did not take the notice. Later on, that person is asking us to send the notice once again. What should be our next steps in order to stay compliant with the limitation?


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 9 Replies

adv.raghavan (Advocate,9444674980)     13 October 2024

send another notice, there is no bar . 

Dr. J C Vashista (Advocate )     13 October 2024

If the child retruning the notice is "major" the notice is properly served, even if physically returned with any remarks of the postman. 

Otherwise, it would be better to repost and limitation starts from the date of proper service.

T. Kalaiselvan, Advocate (Advocate)     13 October 2024

The notice returned cannot be sent again for such reasons. 

If necessary you can issue a rejoinder notice with specific reasons for sending it again to  make the legal notice legally valid for proper prosecution. 

Mayank Wadhwani   13 October 2024

thank you for the responses. Will it be presumed to be served? can we directly proceed in the court for filing the case?

Dr. J C Vashista (Advocate )     13 October 2024

It is presumed to be served and proceed further.

P. Venu (Advocate)     13 October 2024

The story is less than convincing. If the Notice could not be prperly delivered, the post man is required is required to give due intimation to the addressee to collect the same within the specified time. It is only after this due process that a registered article could be returned. 

It cannot be certainly the case that, all throughout this period, the "child" was the only occupant in the said address.

Advocate Bhartesh goyal (advocate)     13 October 2024

If notice has been sent on correct and last known address of drawer, returned undelivered due to non availability of drawer then as per sec 27 of General  clause Act it will be presumed  that notice has been duly served so you need not send again notice to drawer.

1 Like

Dr. J C Vashista (Advocate )     14 October 2024

It is presumed to be served, if correctly addressed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2024

If the notice has been sent by Registered post to the correct address, that is sufficient even if it is not received or accepted by the addressee under Section 27 of the General Clauses Act 1897. You can proceed further with the case.


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