Notice U/S 138(2) of N.I.Act

Querist : Anonymous (Querist) 10 December 2010 This query is : Resolved
notice sent U/S-138(2) of N.I.Act through Regd. post with A/D and it was returned unserved with postal endorsement " NOT KNOWN ". cognizence taken by court stating it is good service.
i) is it so ?
ii) whether cause of action arises if notice returned with remark not known?

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Khaleel Ahmed (Expert) 10 December 2010
1. yes
2.yes

Devajyoti Barman (Expert) 10 December 2010
No, the court has wrongly taken conizance of the case and the same is liable to be quashed.

s.subramanian (Expert) 10 December 2010
I agree with Mr.Khaleel. If the address is right,it is presumed to be sufficient service Read 2007(6)SCC 555.

RAKHI BUDHIRAJA ADVOCATE (Expert) 10 December 2010
Obviously.

Guest (Expert) 10 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
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YOU MAY KINDLY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE ORDER OF ISSUE OF PROCESS BY THE LOWER COURT.YOU WILL SUCCEED.GOOD LUCK.

Advocate. Arunagiri (Expert) 10 December 2010
The court cannot take it on file in this particular case. The CC is liable to be quashed.

PJANARDHANA REDDY (Expert) 10 December 2010
GOOD CASE FOR QUASH U/S 482 CR.P.C IN H.C

Praveen Kumar Tewari (Expert) 10 December 2010
I agree with Mr. Arunagiri.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 December 2010
Well experts have put reasoned efforts but in normal procedure even process will not be issued .

B K Raghavendra Rao (Expert) 11 December 2010
Unless the notice is served, no offence is made out for default of payment within fifteen days. Here in the present case the party is not residing in the address and hence there cannot be a service of notice. Cognizance taken by the court is quashable.