notice not served to accused
lalatendu das
(Querist) 15 October 2014
This query is : Resolved
Sir, in a dishonour of cheque case the complaint has mentioned before court
that the accused has refused to receive the legal notice but accused told that no such letter had come to him.so my question is whether the case is maintainable or not if its maintainable the postman could be called for to give his statement or not
Regards
Devajyoti Barman
(Expert) 15 October 2014
Where is the postal endorsement on the envelope?
Since there is dispute on the service of the notice, it is better to summon postal officials for disposition.
Nadeem Qureshi
(Expert) 15 October 2014
If there is any dispute regarding the service of notice then first of all check the judicial file in which the postal report or process server's report will be filed by postal department or process server, if not available then file an application for calling postman or process server as the case may be.
Without servicing the notice the case is not maintainable.
contact a lawyer personally, it will be better.
ajay sethi
(Expert) 15 October 2014
if postal endorsement mentions refused it would be good service
lalatendu das
(Querist) 15 October 2014
Can the lawyer of the accused file a petition before court to call for the postman for matter mentioned in endorsement?
Because the accused stated that it was consipiracy against him and no such letter is posted to him
Advocate. Arunagiri
(Expert) 15 October 2014
The accused is having all such rights to examine the post man in case of dispute regarding the postal non delivery.
