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Dr.Sandeep Sharma   21 February 2018

Section 138

Notice sent on incorrect address by the complainant, summo
ns also not received, is 138 maintainable ,



Learning

 13 Replies

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

The address never existed, the accused proved the address was incorrect , though that particular address was untraceable / never existed in that particular area.

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

#The accused proved that the address was incorrect#. How and why did accused come to court?

R Trivedi (advocate.dma@gmail.com)     21 February 2018

#The accused proved that the address was incorrect#. How and why did accused come to court?

(Guest)
Questions raised by sir R.TRIVEDI if answered than a conclusion / advice can be given to.....

(Guest)
Questions raised by sir RAMACHANDRAN if answered than a conclusion / advice can be given to.....

Dr.Sandeep Sharma   21 February 2018

During cross examination complainant had agreed to have sent notice on the address he came to know, the accused submitted necessary documents pertaining to the correct address. The address in which notice was sent was wrongly addressed. The accused appeared in the court after knowing through common friends that warrant had been issued. Since the ingredients as per law is not fulfilled is 138 not applicable?

Dr.Sandeep Sharma   21 February 2018

I correct is 138 section applicable

Dr.Sandeep Sharma   24 February 2018

Sir experts reply awaited

(Guest)
As per my knowledge, experience and opinion sec 138 is applicable

Dr.Sandeep Sharma   24 February 2018

Still reply awaited from experts

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.


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