Service of demand notice
Arvind Singh Chauhan
(Querist) 19 May 2012
This query is : Resolved
Sir,
Accused very cleverly and with the help of postal employee avoiding the demand notice under 138 NI act. Notice has been returned with remark that father's name is wrong and undelivered. What is the remedy now ? Plz suggest.
Guest
(Expert) 19 May 2012
Send notice without mentioning the name of father of the accused. There is no need to make a mention of father's name along with address of the addressee on Postal articles.
Send another copy by private courier and still another by ordinary post. Besides. paste a copy of the same on the door of the house of the address and get photograph of the same also. How many services, he would avoid?
SAINATH DEVALLA
(Expert) 19 May 2012
Yes Mr.Dhingra is right.Send it by RPAD,Courier,( Send through 3 or 4 courier services) ask your lawyer's clerk to deliver it by person and obtain ack.When I send legal notice I use this kind of practice.
R.K Nanda
(Expert) 19 May 2012
Again send notice to him by all ways of
sending viz,post,courier, clerk,pasting
and speed post.
Arvind Singh Chauhan
(Querist) 20 May 2012
Sir,
He is a criminal one and resides 300 km away. No body will dare to paste notice at his door or wall. I am trying again. Thanks.
Guest
(Expert) 20 May 2012
Dear Arvind,
Wonder to note your information, "He is a criminal one and resides 300 km away. No body will dare to paste notice at his door or wall. I am trying again."
Then, in that case, you or your client should not expect any of the experts to offer his services to paste the notice at the door of the accused.
If he was a criminal, what was the compulsion for your client to deal with him? If your client or you are so afraid of the fellow, better forget about the demand. If so afraid, I wonder, even if you are able to deliver the demand notice, how would you dare to face him during trial also?
ashutosh mishra
(Expert) 20 May 2012
You can in addition to several suggested modes of service also get the notice published in a news paper of wide circulation in his locality.There can be munadee too.Even if he is criminal,he would not be keeping his eyes all the time on his door,it would then be possible to affix the notice and then to video graph the same by a mobile in his absence by single man plan.
Arvind Singh Chauhan
(Querist) 20 May 2012
Respected Dhigara Sir,
My client didn't know his character before the dealing. It is not possible for a every counsel to do such a job of pasting the notice' after travelling 300 km.
Sir as you are questioning of facing him at trial. Client may hesitate but counsel can't.
There is a practical problem also if any body avoids notice in such a way.
He may complaint and frame allegation for criminal trespass if you enter in to his boundary, and tries to paste the notice. Pasting the notice hiding himself, also not seems legal.
Sir I am asking legal remedy if any. Please suggest whether paper publication is allowed in such a situation.
Sir Suggest also, if he deny to receive notice through Currier and currier employee put such a remark on the envelope. What is the relevancy of remark of currier agent.
Shonee Kapoor
(Expert) 20 May 2012
You have to get the notice served again you can not escape that.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 20 May 2012
First of all about trespassing, probably you are misinformed about trespassing. You or your client won't be intruding in to the house of the other party. Keeping restricted outside the house and pasting of notice is not an act of criminal trespassing. If your client is hesitant to go even up to the door of the opposite party, you can use publish the notice through a newspaper serving his area.
If the courier person writes about refusal to receive the courier article that can also serve your purpose.
