Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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arvind (Promoter)     26 February 2016

138 ni act

hello there once again

complainant sends a registerd notice and the notice comes back without receiving. it was not served in courts with the compliant even till date it is not served in courts with the compliant, but the trial cout took the cognigence.

to defend the accused what shall be done?

is the cognigence correctly taken by courts?

can it be given for revision ?

kindly suggest for defence.



 3 Replies

BAALASUBRAMANNYAMM (Advocate)     26 February 2016

In this, you should see the endorsement made on the cover, where the court sent  summons  under registered Post with acknowledgement due, to your last known residential address This endorsement is very important, if you want to take "defence for  non sending of such summons.  Unless and untill the court satisfies the service of summons even by sending post, no order shall be passed against you. So better to verify the court record. 

BAALASUBRAMANNYAMM (Advocate)     26 February 2016

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 February 2016

Sorry but non service of notice is no valid ground for acquittal in 138 cases . As per a Supreme Court judgement, a notice sent to the correct address of the person is sufficient irrespective of whether or not it is actually served upon a person . Also take note that there is also a judgement that in case the accused pleads non service of notice as his defence , he may treat the summons to the complaint as the notice and pay the amount to the complainant . If he fails to pay , thereafter he cannot plead non service of notice as a defence subsequently

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