Yagnesh Rathod 10 March 2021

Demand Notice to Drawer of Cheque for default. (Validity of service)

In my case I had issued a demand notice to the drawer of the cheque but the same was returned that he is not staying at the residence and some tenant were staying on the flat where the notice was sent.
In this case the actual owner of the flat is the drawer of the cheque, my question is that is the service valid and can we move ahead for filing complaint before the magistrate.

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Quick Summary

This discussion addresses the validity of serving a demand notice to a cheque drawer when the notice is returned because the drawer no longer resides at the address and tenants are present. The core question is whether this service is legally sufficient to proceed with filing a complaint before the magistrate. The response seeks clarification on the specific remark noted on the returned demand notice to determine the next steps.

2 Replies

Elijah Goodwin (Marketing Manager) 10 March 2021

As you said "In my case I had issued a demand notice to the drawer of the cheque but the same was returned that he is not staying at the residence and some tenant were staying on the flat where the notice was sent." i will agree with you.