service of notice under NI act


 

Is there any ammendment/supreme court order to section 138 of NI Act  after 2003 regarding service of notice and filing of suit

 

 
Reply   
 

ya, i think, the court has recognised some courier services also as sufficient proof of service.
 
Reply   
 



The notice of demand u/s 138 is sent to the defaulter within the statutory period but the envelope is returned unserved with postal comment that the person is not found / available at the written address. I want to know whether the notice shall be deemed to be notionally served upon the defaulting person for the purpose of claim u/s 138.


Ashutosh Choubey


NPHL, Ranchi

 
Reply   
 
advocate/legal consultant

the service is not effected in your case,you have to get aproper address and see to it that is duly served on the offender.the essence of N.i.act is that  anotice has to be issued and it has to be served upon the person .only after the expiry of the 15 th day of the recipt of the notice only,it transforms into an offence under ni. act if at all he doesnt pay your amount  on the cheque.If at all theoffender pays the amount on chequewithin 15 days of the reciept of the notice he will be absolved from the offence. after the service of notice for his  acts of willfull negligence in issuing a cheque without having sufficient funds in the account.It is mandatory for you to serve the notice  on the person then only you can file a case after due service of notice .


If at all you are filing it now with the same acknowledgement your complaint will be rejected for want of proof of service

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

If the holder and the party to whom notice of dishnour is given cary on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishnour.


If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x