Sanjaycase (service) 19 September 2014

Notice under section 138 ni

Check issued by company bounced. We had filled Criminal case under section 420. Also to process the issue via NI138 I sent the notice to the company address as per the address available in the MOU signed by the company with me.

The notice was sent in time limits, the notice came back with remark "Left".

Then to file the case I have a lawyer engaged. My lawyer is of the opening that the accused (company director) may claim that the notice is not received as the office was closed and hence the remark is left.

I see if the check was issued from company account and the notice is sent on company address I have done my due diligence and the case is valid? Else any one will open company issue checks and then close the shop and claim that they have not received the notice.

Please comment with your inputs to make my case strong.

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2 Replies

Hardeep (Business) 19 September 2014

As long as you have dispatched notice to the " correct address " it is deemed to be served. So make sure the address in the MOU is the correct one ... Perhaps you can recheck this information from the Registrar of Companies office.

it is settled law that the provision of notice has to be interpreted liberally in the favor of the payee. See , for eg., State of MP vs Heeralal, 1996.

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