U/s. 138 of n.i.act

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
"MY QUESTION IsU/S. 138 OF N.I.ACT . IF AFTER ISSUING FIRST NOTICE OF DISHONOUR OF CHEQUE IF REMAIN UN SERVED, TO ACCUSED AND IF ON SECOND TIME SAME NOTICE SENT TO ACCUSED, THEN, FROM WHERE, THE PERIOD OF LIMITATION TO BE COUNTED FOR FILING THE COMPLAINT?"

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ajay sethi (Expert) 28 October 2011
what grounds has legal notice been returned un served? if on grounds unclaimed then its proper service . limitation would run from date of service of first notice .

Querist : Anonymous (Querist) 28 October 2011
to shri ajay sethi
Complainant issued notice through his Advocate
dated 27-5-2008 to accused. Said notice was not received by
accused and returned with endorsement that accused could
not be contacted at the time of duty and hence returned to the
sender after lapse of time. Again complainant issued a notice
on 16-6-2008 by registered post as well as by U.P.C. It was
returned with remark that addressee did not come to the city
inspite of lapse of time. Notice sent by U.P.C. was served as it
was not returned. It means that accused get the notice.

ajay sethi (Expert) 28 October 2011
hey this is a repeated query . already replied by other experts .

when post man /courier goes fro delivery if the accused was not avilable generally an intimation is left at the postal address . if inspite of intimation accused does not take delivery then RPAD is returned to sender .

in such a case it is proper service . limiattion would be from first receipt of notice

Nadeem Qureshi (Expert) 28 October 2011
if the notice sent and the notice return with the remarks that the person is out of city or not present at the time of duty, the court persume that notice duly served and the limitation statrt from the date when the first notice return. from the date of returned.

prabhakar singh (Expert) 28 October 2011
Yes !Mr. sethi now you caught it's repeat.

Sankaranarayanan (Expert) 28 October 2011
yes why these peoples are asking the same query again and again.

Guest (Expert) 28 October 2011
Repeated query.

Sailesh Kumar Shah (Expert) 28 October 2011
No need to reply since repeated.

Shonee Kapoor (Expert) 28 October 2011
Repeated query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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