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Pradeep Kumar (Support Manager)     07 September 2015

Query on court notice

Hi

 

Could you kindly advise on the following :

 

1) How the court notice is sent ? - Through registered post or Ordinary Post ?

2) What happens if the court notice is not received ?

 

Many thanks



Learning

 4 Replies

Advocate Rohit (Advocate)     07 September 2015

Mr. Pradeep!

Court sends summons to the other side to appear in the case vide Reg. Post. If the summons is not served then the court shall wait for the service report to be filed by the court department.

 

If the summons is not served then the case cannot start.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

 

SAINATH DEVALLA (LEGAL CONSULTANT)     08 September 2015

In additiion to Adv Rohit,if U reject the summons the court may issue warrant.What does this case relate to?

Pradeep Kumar (Support Manager)     08 September 2015

Hi

 

Thank you both for your valuable fedback.  It is related to some signed blank cheques of mine is with a Financier. He was supposed to return those cheques after the completion of  our transaction. But he dint do so. Now he is presenting one by one cheques with different amounts and with different persons. Since he had not returned the cheques, I had given stop payment for all those cheques. Now he is giving those cheques to different people and they are proesenting those cheques. These cheques are returned and every one (unknown to me) are sending legal notiices to me.

I am worried and tensed. How to handle and resolve this isssue ?.  I am not due any money to this finaancier.

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     09 September 2015

Whether U are due any money to the financier is immaterial in the eyes of section 138 NI Act. U have to prove that the cheques were given as security cheques.mere stop payment will not obsolve U from the act.U have to present valid reasons for it.Now that he has presented the cheques in different names and accounts,probably U may have to face number of cases.Hence better contact a local lawyer well experienced in NI ACT.


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