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sEC 138 NI Act Refused Notice

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved 
Notice issued u/s 138
Accused refused the notice.
Postal cover of ths 'Refused notice' opened by claimant before submission to court.
Can such open cover submitted as a proof of Refused Notice?
Jayashree Hariharan (Expert) 25 October 2010
oh yes. and you can say that the claimant read the contents and then refused the notice. you can get the benefit of doubt.
adv. rajeev ( rajoo ) (Expert) 25 October 2010
It can be produced while filing the complaint
R.Ranganathan (Expert) 25 October 2010
No, it will not be accepted by the Court.
Sarvesh Kumar Sharma Advocate (Expert) 25 October 2010
it will accepted by the court and will go to yr benifit .
DEFENSE ADVOCATE.-firmaction@g (Expert) 25 October 2010
No sir not at all. Benefit of doubt is always in favor of accused and not complainant.
s.subramanian (Expert) 25 October 2010
I agree with Mr.Ranganathan and Mr.shashi.
Devajyoti Barman (Expert) 25 October 2010
Yes
SAANJAAY GUPTAA (Expert) 26 October 2010
It will definatly go in favour of you as you produced the postal receipt and the envelop bearing remarks refused before the court where it will be crystal clear that this is the said notice send to the accused as per the postsl receipt no. also pested in the body of the envelop and you paid the requisite postal duty as per the weight of the notice and the said remarks mentioned there is written by the postal authority, mere torn envelop not going to fatal your case and it can be caused due to mishandling by the postal authority.


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