NI 138 - Legal Notice sent vi Speed Post

Definitly you can file complaint without any acknowledgement.

Hi,

To attract the NI 138, proper serving of notice is mandatory. Signed acknowledge or endorsment of 'addressee refused to accept' will be enough to prove the proper execution of notice other wise the burden of proof lies on you to prove the proper execution of notice.

Here is how the section 94 of NI Act reads:

" 94. Mode in which notice may be given.  Notice of dishonour may be given to a duly authorised agent of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may being any form; but it must inform the party to whom it is given, either in express term or by reasonable intendment that the instrument has been dishonoured, and in what way, and that he will be held liable thereon; and it must be given within a reasonable time after dishonour, at the place of business or (in case such party has no place of business) at the residence of the party for who it is intended.

If the notice is duly directed and sent by post and miscarriage, such miscarriage does not render the notice invalid."

This seems to make it clear that a POD or an ackonowledgement is not needed to serve the notice. If the address is right and that I have the postal proof for the posting (speed post) then I should be OK, right?

Thanks

Even without acknowledement or by oral notice we can file a complainte before the magistrate but on evide stage it will be difficult to prove the case, execution of legal notice.

the speed post has pod sheet (Proof of delivery sheet) which maintianed by the post office

seek the same via rti of on written request to the post master by mentioing the speed post number.

you can file the complaint without acknoledgement but  regarding the proof of delivery of notice you must get certificate of delivery of notice from post office and file with complaint.

Proof of delivery available from Superindent of Post office . But filing the complaint not necessary of Proof of delivery

Sir,

person on whom notice is to be served(sec 138 of Ni act) is not residing at the address last known.If notice is served can i file a complaint?

yes,if written legal transaction execute bet'n parties & party submmited address correct in this transaction (after some time adderss left one party & not its infomation to other party)then notice presumed that will be served  on other party as per general clauses act  

Person occupying the place has already informed the grived party that the person you are seeking has left this place.Now, can Notice sent to the last known address after knowing the person is not residing anymore .Is this Notice a valid Notice, in Law.

There are two aspects to give notice and to recoeve notice. If upi can not prove the reciept of notice by the accused it will be fatal at trial.

You may be happy filing case but at the end it will be dismiessed.