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sec 138

(Querist) 19 November 2009 This query is : Resolved 
DEAR SIR
I HAVE ISSUED A NOTICE FOR RETURN CHEQUE u/s 138 .HE HAS 3 POSTAL ADDRESSES
1.MAHARAJA
2.VAVA TEXTILES
3.MAMAS
HE HAS ISSUED ME A CHEQUE FROM MAMAS AND AGAINST THE BILL WHICH IS IN NAME OF MAMAS BUT I HAVE SEND THE NOTICE IN VAVA BY UPC AND IN MAHARAJA BY REGISTERED POST.THE REGISTERED POST HAS NOT BEEN ACCEPTED BY HIM REASON REFUSED .WHILE I HAVE NO IDEA ABOUT THE NOTICE SEND THROUGH UPC .I ALSO DONT KNOW WHETHER HE IS THE PARTNER OR PROPRIETOR IN THE 2 FIRMS i.e VAVA AND MAHARAJA. BUT HE HAS SOME CONNECTION WITH THE SAME .I WANT TO KNOW WHETHER IF HE CAN SAY THAT HE HAS NOT RECEIVED THE NOTICE INSPITE IF HE IS A PARTNER OR PROPRIETOR IN VAVA TEXTILES OR MAHARAJA .ALSO CAN I SEND HIM ANOTHER NOTICE IN MAMAS AND WHAT IS THE TIME PERIOD TO FILE THE OTHER NOTICE .ALSO LET ME KNOW IF WE CAN FIGHT FOR THAT HE HAS RECEIVED THE NOTICE .
THANKING YOU .
Raj Kumar Makkad (Expert) 19 November 2009
You have not told what remarks have been given by potal authorities over the returned envelope. It is very important to see.

However, it presume that the postal authority has just mentioned that the addressee refused to receive the letter. In this case, the compliance is complete and there is no need to issue fresh notice.

If the remarks contain that the addressee was not found at the addressed place and other persons present therein refused to receive then you have to establish the link of the accused with that place/company/address otherwise it is not a legal notice and he can definitely take benefit of this lacunae committed on your part.

Notice is required to be issued within 1 month of intimation of bouncing and if limitation remains then issue fresh notice at appropiate address otherwise no chance at all.
James Arun (Expert) 20 November 2009
Cheque issued by Mamas. Bill given by Mamas. Legal notice to be sent to Mamas.

Maharaja and Vava are not parties.

As per sec 138(b)of NIA, give a demand notice to drawer, asking him to pay the money in 15 days.

If he does not pay, file a complaint in a magistrate's court as per sec 142, within one month, from the date of expiry of the 15 days notice.

You can include all Partners, Directors, Managers, Secretaries of Mamas as parties, if you believe they acted in connivance.

In addition to sec 138 NIA, you are at liberty to file additional charges as per Sec 406 (Criminal Breach of Trust), Sec 420 (Cheating), Sec 34 (Acting with Common Intent) of IPC, depending on facts of your case.

Speak to an advocate to help you file the complaint with the magistrate.



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