Cheque dishonour case

if legal notice has been sent and you have registered post ad card it  sufficent . if the signature on the cheque and ad card tally  the accused case will fall apart .

if accused says cheques were stolen has he filed complaint with the police prior to cheque bouncing .

if the accused has not replied to legal notice adverse infernce cna be drawn .

You can approach the Post office and apply to provide you the certificate of delivery ( without any fee. majority of the PO are computerized and an internet generated certificate under seal and signature of post master is issued) and POD ( against Rs.10/ by way of postal stamps affixed on your application). The postman obtains signatures of the recipient on AD and his run sheet. You can approach the Post master who can obtain the comments of postman that he has delivered the cover to recipient in person. An old postman would know the old residents.

The account holder has to notify the bank if cheques are stolen and bank would update the record of concerned bank a/c. 

Hi V L, Though your doubts are well explained however I would like to point out that if accused says that the cheque was stolen, so what steps did he take to stop the payment against that cheque. He must have made a request to the Bank to stop the cheque which the Bank must have acknowledged, so you ask a copy of his request to the Bank or a certificate from the bank that the said cheque was stopped payment on account of the accused's request, which will help you to verify the details asto when did he make such request and whether Bank had stopped payment on this request. 

Also another query of yours that what if the accused wont reply certainly you will have a upperhand in the matter and an adverse inference may be drawn against the accused and court may act strictly against the accused.

All the three pleas of the accused are baseless. Had the cheque been stolen, he would definitely be expected to stop payment of the cheque. Since the bank has returned the cheque with the remarks Insufficient balance, it is evident that its payment was not stopped as otherwise the bank would have mentioned "payment stopped" and Not "insufficent balance". In my view, there is no need to obtain certifiacte of delivery from Post Office

dear members

thanks very much to all our learned lawyer friends, who have taken  time of from their busy schedule to help me with very sound legal advice.

my only regret is that i did not know much of this great forum when we had a case in supreme court. it is now a thing of the past. will the supreme court retrace its steps even when they are totally off from the facts of the case?

sincerely

v.lakshminarayanan

palani