NEGO 138 NOTICE

Querist : Anonymous (Querist) 10 July 2010 This query is : Resolved
HELLO ALL LEARNED EXPERTS

MY CLIENT DEPOSITED THE CHEQUE IN THE ACCOUNT OF THE ACCUSED THE SAID CHEQUE RETURNED WITH THE REMZRKS ACCOUNT CLOSED THEN MY CLIENT TRY TO MEET HIM BUT ACCUSED CLOSED THE BUSINESS AND LEFT HIS HOUSE WHAT SHOULD DO FOR THE ISSSUING THE NOTICE BECASE WITHOUT NOTICE HOW THE CASE WILL BE LODGED AND IF WE WAIT FOR RETURN OF HIM THE TIME LIMET OF THE CHEEQE WILL BE FINISHEE PLS SUGGEST

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DEFENSE ADVOCATE.-firmaction@g (Expert) 10 July 2010
Very defficult.

Srinath Kondapally (Expert) 10 July 2010
until & unless you locate his address and seve te notice you can't intitiate any action against him under 138 of NI Act.

deepak kumar (Expert) 10 July 2010
whether publishing notice in national newspapers be deemed to be valid service of notice?

Basavaraj (Expert) 10 July 2010
My advise that wait tillthan found opponent address and do not forget to prsent the cheque within six months of its date, if you present after expiry of 6 months, so there will no case u/s 138.

Keep at a final chance and re-prsent the same ans send the notice at last known address.
otherwise may difficult.

adv. rajeev ( rajoo ) (Expert) 10 July 2010
If he has got any immoveable property then go for civil suit for recovery of money and get attach the properties.

B K Raghavendra Rao (Expert) 10 July 2010
You need to locate the address of the accused and then proceed. Otherwise, you will not succeed.

However, you will have other options like (1)lodging a police complaint for cheating as he has closed his account and ran away and (2) file a civil suit for recovery of money as and when you would be able to locate but within the limitation period of three years.

M Ravinder Babu Advocate Parka (Expert) 16 July 2010
Giving notice is saufficient. pay process to lastknown address which is sufficient as per law serving of notice is not a must to instute case.

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