Rajesh (Own) 26 March 2014

Cheque bounce filed

Hello, I had given loan to a person. I have taken a cheque as surety. Now when I put that cheque for the collection, it is returned with "Insufficient fund". I sent a legal notice to that person. But to my shock it has returned to me as "Person is not residing/was not there at the address". Now what step I can take further. As far as I know, he is absconding now. If I file a case, court will issue the summons. But I dont know where that person is there. How can I made the summons available to him? What steps I can take. Waiting for experts advice on this. Thanks

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8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 March 2014

An address for service is a mailing address legally associated with an entity like an individual or company. Deliveries to that address are presumed to have reached the intended recipient. Correct address is a must for sending summons.

Sudhir Kumar, Advocate (Advocate) 27 March 2014

No it does not appear to be case of incorrect address (at least what is written by the querist)

In this case the person is not on the given address.

He can file criminal case of cheating where it is cognizable and police can visit bank and get the details of introducer and other documents which the person has submitted.

Sudhir Kumar, Advocate (Advocate) 27 March 2014

practically such loans are charity in guise of loan.

Rajesh (Own) 27 March 2014

Thanks for the reply

Sir, even if police got the document from the bank, the person is not used to live in that address say from last 6 months or so. What one can do with that. Is it required that I have to find the current address and then send the summons

Sudhir Kumar, Advocate (Advocate) 27 March 2014

police will get much more information from that document. They will get details of intorducer as well. They will get PAN No as well.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 March 2014

Dear Querist you can send the summons through mail if you know his mail ID after permission of the court.

T. Kalaiselvan, Advocate (Advocate) 28 March 2014

It is your duty t furnish correct address to the court, without which the curt will be helpless to allow you to prosecute the case. So it is better that you somehow trace out his address.

Biswanath Roy (Advocate) 06 April 2014

By application of Right to Information Act you can collect authentic proof of the address from the Bank of the fled person, as well as collect his Income Tax Pin No. from the Bank and after that from the IT Dept. you can collect the address of the abscond person and thereafter file a cheating case against him.