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Ni act

(Querist) 16 January 2014 This query is : Resolved 
Dear Experts

please advice

'A' has issued cheque to 'B' for some commerical transaction but the same is dishonoured. 'A' has intentionally given wrong address to 'B' while making transaction. Now 'A' is trying to issue notice u/s 138 but the same is returned with an endorsement as 'no such person in this address'. 'A' has asked the concerned bank where 'B' has his account to give his address but the bank has refused to give the same stating that its privileged communication between bank and its customer.
Is this endorsement is good enough to initiate NI act process? Is there any alternative to find out the address? If 'B's address is not found what is the best remedy?

plz advice
Dr J C Vashista (Expert) 17 January 2014
'A' has to find out correct address of 'B'and issue 15 days notice.
Advocate. Arunagiri (Expert) 17 January 2014
What is the proof of address give by A.

How do you say that A had given wrong address intentionaly.
Rajendra K Goyal (Expert) 17 January 2014
Fresh notice after searching correct address need to be issued.
Raj Kumar Makkad (Expert) 17 January 2014
If the notice has been sent to the last known address, this shall be presumed as service to the accused person. No need to search correct address at this stage.
kuldeep kumar (Expert) 17 January 2014
I think last known add is valid for 2 yrs as per cpc.
T. Kalaiselvan, Advocate (Expert) 17 January 2014
A is trying to issue notice but same is returned with an endorsement as no such addressee, whether A issued notice or not?, The last known address will be sufficient for serving the notice and for filing the complaint too. First file the complaint and let the process of serving notice be done, see the result.


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