Notice sent on incorrect address by the complainant, summo
ns also not received, is 138 maintainable ,
Dr.Sandeep Sharma 21 February 2018
Notice sent on incorrect address by the complainant, summo
ns also not received, is 138 maintainable ,
R.Ramachandran (Advocate) 21 February 2018
How do you say it was sent to incorrect address?
Whether that address (which you say is incorrect address) was once the address of the person?
Dr.Sandeep Sharma 21 February 2018
R.Ramachandran (Advocate) 21 February 2018
If that be so, on what basis the notice was sent to that address?
If the address was not there, did you get back the notice unserved?
If summons also not received, how did the accused make an appearance in the case?
R Trivedi (advocate.dma@gmail.com) 21 February 2018
R Trivedi (advocate.dma@gmail.com) 21 February 2018
Dr.Sandeep Sharma 21 February 2018
Dr.Sandeep Sharma 21 February 2018
Dr.Sandeep Sharma 24 February 2018
Dr.Sandeep Sharma 24 February 2018
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 February 2018
If the notice purported to have been sent under Section 138(b) within stipulated time limit, was not correctly addressed, the requirement under Section 27 of the General Clauses Act, 1897 was not satisfied. Hence the requirement under Section 138(b) was not satisfied either. The Complainant loses the case.
"How do you say it was sent to incorrect address?"
"If that be so, on what basis the notice was sent to that address?"
"The accused proved that the address was incorrect#. How and why did accused come to court?"
These are just questions for the Complainant's lawyer to ask. We should presume that they have been asked.