138 NI ACT

Querist : Anonymous (Querist) 28 March 2011 This query is : Resolved
DEAR ALL PLEASE HELP ME ONE OF MY FRIEND( NOT NOW ) FILE A CASE 138 NI ACT AGAINST ME LAST YEAR JULY2010 AS I KNOW BY SOURCES NOT CONFIRM . BUT TILL TODAY I DID NOT GET ANY SUMMON FROM THE COURT.BUT HE SEND A NOTICE ABOUT THAT , I REPLIED HIS NOTICE. I WANT KNOW THAT - IS IT POSSIBLE TO DELAY SUMMON BY THE COURT TO ME .OR HE DID NOT FILE THE CASE ONLY IT WAS NEWS FOR ME CREATING BY HIM. IN FACT I HAD PAY HIS AMOUNT WITH A ONLY A SIMPLE RECEIPT.

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M.Sheik Mohammed Ali (Expert) 28 March 2011
your query is not fulfill, same time the court not delay to give summons, once NI act rules immediately put on case, as per your date too late not possible to claim against you, once again check when he did put the cheque on clearing, did you get your receipt with revenue stamp along sign.

Guest (Expert) 28 March 2011
Even simple receipt bearing receiver's signature on a revenue stamp of Re.1.00, will be a valid proof of payment.

By mere sending a notice does not necessarily mean he would have filed a case against you under NI Act, if you have not received any summon.