cheque dishonour case u/s 138
Sudheer J. Sarvate
(Querist) 01 December 2010
This query is : Resolved
Sir,
We have filed legal case in the court against one party.
The evidence is finished, now the defendant advocate taken a objection that the complaintant has filed power of aurhority, but being a private ltd. company board resolution is not filed.
He also takne objection that the legal notice is send only by registered post which is returned back as Door Closed.
So can anyone give any case law reference on the same.
Advocate. Arunagiri
(Expert) 01 December 2010
If the door is closed, the post man can leave a message to the addressee regarding his next visit or to come and collect the Post. Even at this stage if the addressee had not received the post, he will write, ID (Information Delivered). In this situation, the court shall presume, that the the addressee refused to receive the post.
Board resolution is not at all necessary, a letter of authority is enough.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2010
Once the party has appeared the objection to non delivery of notice is automatically waived.
POA is more than enough , however the defense have right to demolish the story in cross by carefully planning the same that the POA has no knowledge and he telling false on oath.
Advocate Bhartesh goyal
(Expert) 02 December 2010
In cheque bouncing cases,it is mandatory provision that before filing complaint u/s138 of N.I.Act,notice should be sent to accused on his correct address.you have sent notice through regd.post which has returned back with endorsement door closed.Burden is on you to prove that accused managed to get an incorrect postal endorsement made.2005{1}civil court cases 681{SC}.Power of authority is valid document to file complaint.
Sri Vijayan.A
(Expert) 02 December 2010
The endorsement by the post man as "Information delivered" or "Refused to accept" is called constructive delivery of notice.
So in this case, it is taken as the notice is served.
If the endorsement says "No such person", it is said that the notice is unserved.
