LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemant kaushik (Mr.)     03 March 2011

Can i file a complaint u/s 138 without AD/Enevelop ?

Sir,

I have sent a registred notice with AD for demand of cheque amount u/s 138 to a person but i havent recieved back any AD or enevelop. So my question is whether i can file a complaint case for the same or not?

(I have enquired at the concerned post office where i regitered that notice but they said they can answer it only after a period of 1 month from the date of registry of post. So after 1 month i asked them in written about the delivery of that notice, they gave me a reciept of the same and told me that they will inform me by post. So currently i am waiting for their conformation of delivery.)



Learning

 23 Replies

M.Sheik Mohammed Ali (advocate)     03 March 2011

you can file a money suit 


(Guest)

YOU MAY KINDLY NOTE THAT AS PER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138 YOU HAVE TO SEND A LEGAL NOTICE DEMANDING THE AMOUNT OF CHEQUE DISHONOURED.AND FILE A CASE WITHIN LIMITATION PERIOD IF AMOUNT IS NOT REPAID WITHIN LIMITATION PERIOD.

YOU MAY APPLY TO THE CONCERNED POST OFFICE FOR ISSUE OF CERTIFICATE REGARDING DELIVERY OF SAID REGISTERED POST LETTER AS YOU HAVE NOT RECEIVED ANY ACKNOWLEDGEMENT OF R.P.A.D.YOU MAY FILE  COMPLAINT EXPLAINING ALL DELAY DUE TO NON RECEIPT OF RPAD.AND ENCLOSE THE COPY OF APPLICATION SUBMITED TO POST OFFICE FOR ISSUE OF CERTIFICATE REGARDING THE DELIVERY / RETURN OF ENVELOPE CONTAINING LEGAL NOTICE.

YOU MAY FILE THE COMPLAINT TO THE COURT WTH ALL DOCUMENTS AND ARGUE THE MATTER STRONGLY ,COURT MAY ISSUE PROCESS AGAINST THE ACCUSED.UNDER SEC.138 OF N.I.ACT.YOU WILL SUCCEED.GOOD LUCK.

KINDLY SEND EXACT DETAILS FOR FURTHER HELP.

Advocate Anuj Anand (Advocate)     03 March 2011

Yes you can file just write a line in the complaint “ but the accused maneuvered in such a way that neither the Registered envelope or the acknowledged were received back by the complainant” YOU CAN FILE CASE U/S 138 NI ACT 100%

Hemant kaushik (Mr.)     03 March 2011

Thanks for replies, i think you solved my problem. I will file the complaint on monday sir !! :)

thanks to N.B sawant sir, Anuj Anand sir and S. Moh. Ali sir.

Adv Amit Kulkarni (Advocate)     04 March 2011

y can file complaint, and u can also call upon the concern post master as a witness regurding the exhibition of the receipt and mention the concern post master in list of witnessess.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 March 2011

Sending notice is defferent than recieving. Unless you have clear confirmation from post office no process can be issued.

ambrish (service)     04 March 2011

Dear Hemant,

1) You can issue another fresh notice and wait for acknowledgement as i believe your limitation to file this complaint must be on verge of lapse.

2) check some case laws in cheque bounce digest  before issuing fresh notice on same bounce to quote further.

3) As rightly said by sheik ali that you can fiel money suit as well but then you need to deposit court fees on the amount of cheque

ambrish (service)     04 March 2011

 

Dear Hemant,

1) You can issue another fresh notice and wait for acknowledgement as i believe your limitation to file this complaint must be on verge of lapse.

2) check some case laws in cheque bounce digest  before issuing fresh notice on same bounce to quote further.

3) As rightly said by sheik ali that you can fiel money suit as well but then you need to deposit court fees on the amount of cheque.

Regards

Ambrish, Bhopal.

www.advocatelive.com

Advocate Anuj Anand (Advocate)     04 March 2011

Dear Mr. Hemant please adhere to the advice of Mr. Kulkarni and Mr. Sawant. what they have is very important

Rajesh Gurjar (boss)     05 March 2011

you can file complaint, you please adhere to the advice of Mr. Kulkarni and Mr. Sawant.

Hemant kaushik (Mr.)     06 March 2011

Dear seniors,

Thanks for your valuable opinions , i am going to file that complaint on monday. I asked it to my senior, and he also suggested me to file the case. Thanks to all of you. :)

Regards

Pinku Sahu (Legal Officer)     06 March 2011

Dear Hemant,

Yes you can file the case, you will have to convince  the court that non delivery of your notice  was due to malicious act of Accused. Please present your application which you have given to post office (after a month)  with your complaint.if you recieve any reply from post office then  present it before the court. Good luck !

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 March 2011

Yes please tell us what happened after filing of the complaint before court.

prashant pundhir (Criminal Lawyer)     07 March 2011

Dear,

             No doubt you can file the complain u/s 138 N.I act . There is not any necessity of filing the A.D. with your

complaint . Just the receipt of the registry with the copy of the notice is sufficiant for filing the suite . After summoning from the court,if the oponent says that the notice was not served to him, then at that stage you have to give the evidence of sending the notice .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query