138 ni act notice

PAVAN KUMAR AKA (Querist) 19 October 2011 This query is : Resolved
Since the Under Certificate of Posting is cancelled, when the notice to the party/accused is returned un served as OUT OF STATION or LEFT WITHOUT INSTRUCTIONS, how to serve the notice to the accused party for filing of NI Act.
What are the steps to be taken when the accused party absconded after issuance of cheque and it is got dishonoured.

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Shonee Kapoor (Expert) 20 October 2011
If the person is absconding and wilfully avoiding notice. You can apply straight to magistrate for issuance of warrants.

Regards,

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

prabhakar singh (Expert) 20 October 2011
If you mean the notice of demand calling upon him to pay with in 15days in his absconding position then it should be sent to him on his last known address by registered post and a publication in national daily in such a condition should also be made.

PAVAN KUMAR AKA (Querist) 20 October 2011
Sir Prabhakar Singh,
May I get the provision/citation which informs that a publication can be made in such cases which gives a proper authority for getting number of the said cheque bounce case Sir.

prabhakar singh (Expert) 20 October 2011
Frankly speaking,there is no provision,but it is practiced in such circumstances.As regards to any citation i shall have to get it searched.
I my self never came with such a situation but have seen such publications that is why i advised,it is done to show that every genune effort was taken to intimate the defaulter.

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