Notice u/s 138nia

P.C. Joshi (Querist) 02 June 2015 This query is : Resolved
I shall be grateful if someone can guiide me in the following case:

I have received cheque from a party on presentation the cheque got bounced with remarks exceed arrangment. I served a notice to the party as per the address given on the agreement. But the notice came back undevliered with a remark that "Address not verified."
In the mean time the statutory time of 30 days have been passed. Pls advise me what should I do now. Can I go ahed with filing complaint with Magistrate. Will my case weakenwhile it comes for hearing.

Thanks & Regards

P.C. Joshi

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Jayashree Hariharan (Expert) 02 June 2015
Pls file the case before expiry of the limitation period.

It may weaken because the person's address is not known, in that case what reprieve will you be able to get is a question mark.
Think and then file, sir.

Rajendra K Goyal (Expert) 02 June 2015
File the case.

May find address from account details from Bank if Bank prefer to co-operate.

P.C. Joshi (Querist) 02 June 2015
Thank you Mrs Hariharan & Mr. Goyal
Mr. Goyal as I have mentioned that the statutory time limit of 30 days has been over. You mean to say I can still file the case?

Rajendra K Goyal (Expert) 03 June 2015
If the time is left present the cheque again or may file recovery case.

H.M.Patnaik (Expert) 04 June 2015
In extraordinary situation like the one u are facing now, if presented properly with evidence and Delay con-donation petition, the court may admit the case on merit. But as advised by Experts , U have to ascertain and supply the address of the defaulting party to the court for proper service of the notice .

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