Notice in 138 case

Querist : Anonymous (Querist) 21 June 2010 This query is : Resolved
I filed 138 case against one "Y" and he is purposely evading service of private notice sent through registered post. All notices returns as not claimed.

What is the next step or procedure ?

Can substituted service be ordered?

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Daksh (Expert) 21 June 2010
Before substituted service the fresh service through the local SHO needs to be resorted.

Best Regards

Daksh

Raj Kumar Makkad (Expert) 21 June 2010
Court can take decision of substituted service in the given facts. Dasti summons can also be tried.

B K Raghavendra Rao (Expert) 21 June 2010
If the cover containing the notice has been returned by the postal authorities as 'not claimed', then it is deemed as service. Court may order for NBW.

Querist : Anonymous (Querist) 21 June 2010
if the endorsement of postal department is just "intimation delivered", then what is the remedy

B K Raghavendra Rao (Expert) 21 June 2010
If the intimation is delivered abut the arrival of a registered post at the post office, it is the bounden duty of the addressee to go and collect it. If he does not collect it, it would amount to having received the post. In effect, there is no difference between ID and NOT CLAIMED. It is a deemed service and court may be requested to issue NBW.

Querist : Anonymous (Querist) 22 June 2010
Thanks all experts

RAKHI BUDHIRAJA ADVOCATE (Expert) 22 June 2010
Dear Auhtor,
Plz. tell me whether u have sent a legal demand notice or court notice. If it was legal demand notice then after 15 days of the receipt of the notice u can file a complaint under section 138 NI Act. For mpre details u can call me at 9871158578

Sukhija (Expert) 22 June 2010
private notice not claimed thru reg. post is said to be deemed service. Proceed further & file complaint after 15 days.

Querist : Anonymous (Querist) 23 June 2010
complaint filed and notice sent through court after filing complaINT

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