Validity of Notice U/s 138 NI Act deliverred to other family meber

Querist : Anonymous (Querist) 08 October 2010 This query is : Resolved
Complainant sent the notice for dishonour of cheque by Reg.Post adressed to the drwaer. It was delivered to the wife of the drawer of the cheque.Whether it is a valid service of notice under CRPC ?
Is there any judgment by SC/HC quashing the complaint on this ground, please give details for reference.

The complainant had mentioned that he is authorised person under PA but while signing the complaint he has not mentioned his designation. Whether it will be a valid complaint.
( I am to defend the accused and request for citation to support my defence. I am in legal practice for last 4 years)
Thanks

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Devajyoti Barman (Expert) 08 October 2010
Yes service of summons to the relative or the agent is valid service.

R.Ramachandran (Expert) 08 October 2010
As rightly pointed out by Mr. Devajyoti, it is a valid service.
Once the complainant has said that he is an authorised PA that is enough, he need not say his designation.

Kirti Kar Tripathi (Expert) 08 October 2010
i agree

Querist : Anonymous (Querist) 08 October 2010
As per CPC there is a provision for serving court notice/summons to authorised agent or any adult member of the family.

such specific provision does not appear in CRPC and more discussion is needed as in any criminal case we have to strictly follow the words of the statuts and no scope for addition/deletion or interpretation otherwise contrary.

Sec.138(c) provides that notice has to be RECEIVED by the drawer and he fails thereafter in 15 days time to make payment.
Notice U/s 138 must be directly received by the person to whome it is adressed and it can not delivered to a third persson.

s.subramanian (Expert) 09 October 2010
The notice ,if not served on the drawer of the cheque,it is not valid service under law. The complaint is defective on the point of incompetence of the person signing the complaint.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 October 2010
The service of notice is minor thing since under NI 138 even you are at notice when the cheque is bounced. The reserve bank has now directed all the banks to notify the ac holder to notify him whenever any cheque is bounced from the account.

Regarding PA you have no of escape routes and you can demolish the case on this point alone because without fail the advocates of the complainant makes mistakes in drafting the complaint and the evidence affidavit.

Querist : Anonymous (Querist) 09 October 2010
Thanks to experts for giving valuable guidance. However as regards to delivery reg.notice I now come to know from postal guide that it is to be delivered only to the adresee or to his authorised agent in weiting. hence according to me a notice delivered to wife without written authority by the drawer will not be valid U/s 138

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