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Manish Raj Purohit   12 January 2019

legality of notice..

if any like (u/s 138 N.I.Act NOTICE /SUMMONS/WARRANT) sent to respondent/accused on whatsapp no.
1) its legal or not??
2)if yes, necessity send a notice through RPAD also?
3)and lastly if yes to send on whatsaap that what is the criteria following regarding this procedure .
guide plz


 5 Replies

Sachin (N.A)     12 January 2019

Depends on state, like Bombay HC said " Notice In PDF Format Delivered Through WhatsApp Is Valid "

“For the purposes of service of Notice under Order XXI Rule 22, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the Respondent’s number but that both were opened,” Justice Patel said.


1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     12 January 2019

If a notice send to a party, and he/she did not accept to receive notice, then you may send through whatsapp to the party.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 January 2019

In such cases, is it not necessary to prove beyond doubt that the cell number, to which the notice sent via Whatsapp, in fact related to the person intended? Further, if such phone has no lock, it could have been opened and Whatsapp accssed by anybody else or could be pleased so. How to prove that the person intended only opened the notice message, even if the phone belongs to him?
1 Like

G.L.N. Prasad (Retired employee.)     13 January 2019

When there is an established practice without any problems always resort to that practice.  These cases happen only in cases of one-day company's in which they lure someone with huge benefits, collect some amount and fly overnight.  The victim is not knowing whereabouts and maybe having only the what's app no.  In that case, RTI Application can be made before the Bank seeking for the address and mobile no, AADHAR linkage if any available with them if it is a public sector bank.  Generally, this information is exempted under RTI, but a crime is not in larger public interest.  There are no exemptions in RTI Act for any information in larger public interest.  Another way is filing a police complaint, and Police can get the address or track the cell phone only if the drawer resorts to any criminal activity.  Even cheating is a criminal action.

1 Like

Manish Raj Purohit   04 April 2019

thanks my all senior

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