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

Page no : 2

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 March 2011

All told and number of  advices  please inform whether case is filed and process is issued.

Hemant kaushik (Mr.)     15 March 2011

I have got a date for argument on registration on 04-04-11. Lady judge has asked me to argue in detail she will like to hear my argument.! :) cant say what will happen but i am trying to get the certificate of delivery from post office if it happens then it will become easy for me get the case registered.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 March 2011

Yes there are number of advice on this thread , by using them whether you are able to get process issued.

Advice is easy actual practice is deferent.

Banssal (Partner)     14 April 2011

Sir, I agree with Mr. Sawant's view. but in my situation i have waited for certificate of delivery from postal department, and filed a case afterwards, but as judge version the period has been lapsed but in view the period of limitation will strat from date of postal cerficate (some ciation on this matter) . Please help to find such citation. Thanks in advance.

Advocate Anuj Anand (Advocate)     14 April 2011

Yes you can file case u/s 138 NI Act just add a line that accused Maneuvered in such a way that neither the Legal Notice cover nor the Ad was received and in list of witness add the name of clerk of concerned post office

miraclemaa (student)     18 April 2011

Dear sir! i borrowed 25000  from indiabulls finance at 2008. i pais 28000. last month i paid 3000 more for finel. they bargaining 4000, now i am kidney failure patient. final stage of renal failure. i am uable to pay now because my medical expences. but one summon from delhi magitrate cour t and asked me appear on 2nd may 2011. i m in chennai. i totally upset. anybody tell me how i face this case in chennai Highcourt. i already told them while my hospitalisation. i did not receive any notice from them. please take my body condition and advice me sir. past six month i m under my family help. no work at now. 

Sudhir Kumar, Advocate (Advocate)     29 November 2011

Some advocate can advise him as to what is the rule of presumption when there is a proof of posting of a letter and no proof of its being returned.  He can file cae.  Had he sent the notice by speed post the internet could have provided him delivery report. Anyway you wil get reply from post office. Loss of one registry can at times be cause of loss of one job in Post Office.

Rajesh Gurjar (boss)     29 November 2011

you can file a compliant ,, mention a seperate paragraph stating that accuse has manipulated and you havent either recieved Acknowledgement nor un-served cover, and that you have filed compliant to postal authorities in this behalf. but you need to examine postmaster as your witness while your sworn statement that is before court hears you on cognizance.

RAKESH PIPRODIA (ADVOCATE)     30 November 2011

you can proceed further with the payment made slip to the post office along with the letter from the post master that the said acknowledge is in transit / misplaced. And file a case under section 138


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