pawan (director) 12 September 2012
LEGAL NOTICE SENT IN NIC138 BY SPEED POST AND BY ALSO BY EMAIL ON COMPNAY ID DROM WEBSITE .BUT SPEED POST RETURNED BACK" WITH REMARKS NO SUCH COMPANY " ( ACTUALLY MANIPULATED BY RECIEVER ) . CAN WE STILL FILE THE CASE IN COURT AS 45 DAYS ARE ABOUT TO HAPPEN.
WHAT ARE THE REQUIREMNET OF SERVICE IN 138 IF OTHER DONT RECIEVED BY HOOK AND CROOK METHOD
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 September 2012
THE PERSON WHO HAS ISSUED CHEQUE IS DIRECTED TO MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 15 DAYS. IN C ASE THE SAID PAYMENT IS MADE WITHIN 15 DAYS OF SERVICE OF NOTICE THEN THE MATTER ENDS.
BUT IN CASE THE SAID PAYMENT IS NOT MADE WITHIN 15 DAYS THEN THE COMPLAINENT HAS TO FILE A CRIMINAL CASE IN THE COURT WITHIN 30 DAYS FROM THE EXPIRY OF NOTICE PERIOD OF 15 DAYS .
THE COURT WILL HEAR ARGUMENTS OF COMPLAINENT/ ADVOCATE FOR COMPLAINENT AND ISSUE PROCESS UNDER SECTION 138 OF N.I.ACT.
E.)THE SUMMONS ARE SENT AND SERVED THROUGH POLICE STATION WHERE ACCUSED IS RESIDING.
pawan (director) 12 September 2012
sir my question is regarding speed post returned back .can still i file the case as proper service of legal notice
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 12 September 2012
Hi ,
Your notice had returned back , no problem if you have addressed properly . secondly your mail is also sufficient if you hv addressed again properly , you can go ahead.
Devendra singh jhala (Lawyer) 12 September 2012
email delivered or not ? & you send the notice on last address what you know so case is maintainable.
rajesh kumar singh bhadouria (managing director) 12 September 2012
DEAR SIR IF THE COMPLAINENT FAIL TO PROVE HIS FINACILE CAPACITY TO LEND THE AMMOUNT OF Rs 100000/- (ONE LAKH ) NOR HE SHOW THIS AMMOUNT IN HIS INCOME TAX RETURN, CAN A CASE BE DEFEND OF 138 NI ACT , ? THIS POINT CAN BE HELPFULL TO DEFEND THE CASE ?
R Trivedi (advocate.dma@gmail.com) 12 September 2012
rajesh kumar singh bhadouria (managing director) 13 September 2012
but in the case 4694 /2008 bobay high court dissmissed the cae on this ground that the cmpinent has to fail to show his fanacila capicity to lend the money .
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 13 September 2012
Hi Mr Rajesh ,
Are u talking about Sanjay Mishra vs Nikki case or any other case .
rajesh kumar singh bhadouria (managing director) 14 September 2012
yes sir
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 14 September 2012
Really your study id update , u are a businessman but educated more than advocate , nice
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