Legal Question in Banking Law in India

Cheque Bouce Notice issued

I got a cheque from someone which got bounced. i served him notice under section 138 through a lawyer. The lawyer had sent the notice through courier and not through registered post. Now when i need to file a case I came to know that the notice shoudl have been sent through Registered post or UPC only and courier does not comply with lagal procedures. I have the signed & received POD slip of the courier although the signature on that is not matching with the person who has given me the cheque. Now since the stipulated time of 30 days for serving the notice has passed what should I do, can i still file a case using the courier POD?


Asked on 7/20/07, 4:42 am

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Cheque Bouce Notice issued

N.I.Act does not prescribe that the notice of demand should be sent by post RPAD etc.. Even a notice sent thru courier to the correct address of the drawer will be sufficient notice.POD of the courier is enough to prove delivery if the notice has been sent to the correct address. you have to file the complaint in the Metropolitan Magistrate court, if the cheque has been returned within a City or if it is not a City in the court of the Magistrate of I Class having jurisdiction at the place, within one month from 15 days from the date of delivery. You can also seek condonation of delay provided you explain the delay by sufficient cause. In the complaint you have to mention the courier Agent as a witness , summon the original delivery sheet from them and examine their messenger that it has been delivered at the address noted on the cover

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Answered on 7/20/07, 7:18 am
kavitha balakrishnan kpp associates

Re: Cheque Bouce Notice issued

you have a fair chance!

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Answered on 7/22/07, 11:50 pm

Re: Cheque Bouce Notice issued

Yes,you still can file complaint u/s.138 N.I.Act.Even Supreme court recognise the service of notice by way of courier,fax,e-mail etc.beside registered post and U.P.C.

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Answered on 7/20/07, 7:47 pm
G. M. Gupta gmguptaandassociates

Re: Cheque Bouce Notice issued

yes u can file the case but do remember to use UPC post service also whenever u have to serve notice.

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Answered on 7/22/07, 3:41 am


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