NI act

Querist : Anonymous (Querist) 01 January 2010 This query is : Resolved
Sir
I have deposited a cheque on 30-11-09 and it bounced as insufficient funds on2-12-09 so I sent Lawyer nofice on 5-12-09 through Regd post and till this time Regd letter is not delivered to the party nor returned to me,so I requesting you to pl clarify
1)Shall I present the cheque 2 nd time for collection OR
2)shall I file a case under NI act now it self as no intimation from postal dept is treated as the RL is deemed to be served
OR any other proper way pl suggest

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Raj Kumar Makkad (Expert) 01 January 2010
1. No if you have sent the notice through registered post and it has not been received back, it shall be presumed made compliance by you and there is no need to present it again.

2. yes.

Go ahead and file the complaint.

Arvind Singh Chauhan (Expert) 01 January 2010
Raj Sir's advice is perfect.

K D Pande (Expert) 01 January 2010
You have issued notice on 05/12/2009,however no any report received by you then in such case you have to file an application to concern post office on expiry of 30 days from the date of issuing notice requesting them to inform about service of notice & kindly keep office copy of the same with you. You will definately receive reply from the post office & if not received any reply within 07 days then immediate you can file the complaint. I want to suggest that in compalint kindly specifically mention that notice was sent on true & correct address of the accused.Hence you are not required to present cheque again. As once notice issued then cheque cannot be presented again for issuance of notice. If any query don't hesitate to call on 9823090261