LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chethana (Accountant)     14 June 2018

Is this notice defective

Sir's, One of my case is in the Final Stage after a battle of 8 long years with intense.
I had few doubts about the conduct of the case and request your input if it was right procedure we followd:
First Point:
1. PW1 (Induvidual) advances loan to DW1 (Induvidual) and Agreement signed on a bond paper with repayment terms.
2. Later date, DW1 Issued his company (pvt ltd) cheque signed to discharge liability. Cheque returned with insufficient funds.
3. PW1 issues notice Only to DW1 (in his name) and DW1 sends reply.
4. PW1 filed case under NI138, between PW1 and DW1 Company name as A1, DW1 as A2.

In the final arguments, A2 argued that case to be dismissed on the grounds that notice itself defective since it was not served on A1. 
Could you please suggest about this legal-point of view.
Thanks ---


 1 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 July 2018

yes notice is defective, but now you have option of civil case.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register