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Ravichandra ( )     13 September 2024

Serving notice through watsapp, email etc

Hi Experts

 

In NI act cases lawyer notice can be served through WhatsApp/ email too ?

In recent past any changes came with related to same subject?

These days it became habit to skip taking notices through registered post sent through postal department.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

If the accused is evading to receive the summons then the complainant can file an application before court to serve the summons through substituted service.

On court permitting the requested mode, you can proceed.

Ravichandra ( )     13 September 2024

Thanks sir for your quick response .

 

Substituted services means watsapp, facebook id, email address etc.

 

Is my understanding right? 

 

P. Venu (Advocate)     13 September 2024

Yes, the notice, asmandated under Section 138, NI Act,  NI Act could be served through Whataap, email etc.

 It is not necessary that the notice be served through an Advocate.

In cases where the notice has been served through elctronic means, the requisite procedures needs to be adhered to.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 September 2024

Yes, lawyer notices can be served through WhatsApp, email, or other electronic means, in addition to traditional methods like registered post. The Indian courts have recognized the validity of serving notices through electronic means in various judgments. Recent changes: - The Supreme Court in 2020 ruled that notices can be served through WhatsApp, email, or other electronic means, provided the recipient acknowledges receipt. - The Indian Law Commission's 2018 report recommended recognizing electronic notices as a valid method of service. However, it's important to note: - The recipient's consent or acknowledgment is crucial when serving notices electronically. - The sender should ensure the recipient's email or WhatsApp number is authentic and functional. - Electronic notices should be properly documented and preserved as evidence. While electronic notices are increasingly accepted, it's still best to use traditional methods like registered post for important notices, especially in critical or high-stakes matters, to ensure proof of service and avoid potential disputes.

Ravichandra ( )     13 September 2024

Rama chary Sir & rest all experts

When the accused tries to escape registered posts 

 

Why will he acknowledge receiving notice through WhatsApp/ email ? Definitely accused will try not responding to WhatsApp message either ignoring or not opening or by changing settings.

 

Any suggestions how to handle this?

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

Your subsequent question is based on the practical issues for which nobody can give a proper answer, you have to handle the practical issues on the basis of the situation prevailing at that time, no answers can be given to mere guesses.


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