Sanjaycase (service) 16 May 2013

Notice sent but accused was in jail

Company(very small company - not registered) director has given me a cheque which I deposited in the bank and it got bounced. I sent a notice to the company director on the official address provided in notarized aggrement. Unfortunetly when I served the noticee the company directors were in Jail under 420 case.

Company had not provided me any other official address or any information about change in address and office is closed. In my understanding if there is no one to receive the notice and directors are in Jail that is not my fault. so if I file a case based on the notice which case back as not claimed, can my case stand ?

Thanks,

Sandeep

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3 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 16 May 2013

Dear Sanjay,

You have to send the notice to last known address. You can also send it to accused, you can have details from the concerned police station or court.

check with ministry of corporate affairs that company is regsitered or not.

if registered company is itself legal entity.

Rajiv Bhasin

Advocate

bhasin.laws@yahoo.com

9811210505

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 16 May 2013

Sanjay ji,

First of all , without regitration with ROC there can not be any company and there can not be any director of compny. As well as legal notice is concerned , if you have properly adressed then you need not to worry , your notice so served has been deemed to be served. If you are still with in your limitation to file the case , than go ahead, your summons/warrants will served in jail, do't worry.