N.I.A. 138
S.D. Singh
(Querist) 23 January 2017
This query is : Resolved
on cheque bouncing of a pvt ltd co., I issued demand notice to co. regd office , corporate office and directors residence address. Notice of regd. Office returned with the remark not claimed. Other notices delivered. My query are 1. Wether it is necessary to enclose returned envelop with complaint u/S 138. 2. Whether accused company and its directors can take any benefit that no notice served at regd. Office. 3. Whether delivery at corporate office and directors residence is sufficient to prosecute. Experts, please guide.
Adv Prashant
(Expert) 24 January 2017
1.Yes, attached that returned envelope with your complaint along with copies of bank memo n cheque in dispute.
2.If notice served on corporate office and on directors personally they can't take plea of insufficiency in valid service.
3.Yes.
Rajendra K Goyal
(Expert) 30 January 2017
You asked:
1. Wether it is necessary to enclose returned envelop with complaint u/S 138.
Reply:
It should be enclosed.
You asked:
2. Whether accused company and its directors can take any benefit that no notice served at regd. Office.
Reply:
Refusal to accept is service.
Rajendra K Goyal
(Expert) 30 January 2017
You asked:
3. Whether delivery at corporate office and directors residence is sufficient to prosecute.
Reply:
delivery of notice is proof of service, does not prove the facts of the case.
