Nandagopal Rao (Retainer) 05 November 2012
Dear Members,
Notice u/s 138 NI Act is sent just 2 days before expiry of limitation period. Folloiwng two questions to be answered :-
(a) Served after expiry of 30 days. Whether complaint is maintainable?
(b) Returned unserved after expiry of 30 days with postal remarks "address left" or "door locked". How to file complaint?
kumar bimlendu (advocate) 05 November 2012
a) Yes you can file a case under NIA Sec 138 as 30 days time is enough
b) It doesnt matter whether notice is unserved due to any reason, formality is completed of fair justice
YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 05 November 2012
Service of notice is basic requirement , far want of notice the case even filed can not be sustained.
And even some enterprising legal counsel can get prosess issued but where you will serve for want of where about of the person.
However if the cheque is within three months now than you can present again and issue fresh notice after finding out the address.
Advocate Bhartesh goyal (advocate) 08 November 2012
A complaint is very well maintainable
B If you have sent notice to accused on correct address then it is immaterial that door is locked or addressee is left.complaint is maintainable.
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