Upgrad LLM

delay in delivery of demand notice u/s 138 ni act

IIT Guwahati (B.Tech.)

Sir,

If the 30 day period after the return of cheque has passed and the demand notice still has not been delivered (due to post office delays). What can be done?

 

Can the cheques be presented again (and thus get them bounced) to buy some more time?

 
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You can file cheques again, but within three months from the date mentioned on the cheques.

 
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If demand notice has been issued within 30 days of bouncing/returning of cheque then no need to present the same again in bank,irrespective of the fact that the notice hasn't been delivered by post office.
 
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Dear Vaibav, 

Please understand the following.

1. U have to send the demand notice within 30 days from the date of the cheque return memo.

2. Your notice should be through RPAD (register post with acknowlwdgement due)

3. As you send through RPAD, if in case the date of RPAD falls within the 30 days period then your well within limitation.

4. You have to keep the postal reciepts safely.

U need not represent the cheques 

 

my suggestion would be to wait for the acknowledgement.

 

If in case the notice is not served and comes back then also u can file the complaint in the court in the following cases

1. not claimed

2. door locked

these endorsements are deemed to be served and you can proceed with filing the case.

I Hope this answers your question

 

 

 
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IIT Guwahati (B.Tech.)

Thank you Mr. Jindal, Mr. Goyal and Mr. Praveen for your replies.

 

 
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advocate.dma@gmail.com

"If in case the notice is not served and comes back then also u can file the complaint in the court in the following cases

1. not claimed

2. door locked

these endorsements are deemed to be served and you can proceed with filing the case. "

 

 

Such things may cause problems at a later stage...because the laws states receipt of notice...and this could be a valid defence, so only with due care and proper considerations and proper legal advise such admission should be made.

 
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Dear Friend,

After getting the dishonour information from the bank authority you have to  issued demnand notice with in 30 days. After issuing the notice whether it will return ok, otherwise you have to check the status in the postal dept website as per your consignment no. It will clearly shows whether your notice served or not,  otherwise requested the postal dept about the status of your notice. Basing on that information you will file the case before the proper court

 
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