Legal Question in Banking Law in India
Check Bounce -Person missing from Address
I have given a land to my frined.He gave the blan checks.In his own hand writing he has given a statement that he is going to clear the loan amount throught checks by mentioning the check number.I dropped the check it bounced.Now i have to send the notice to him.But the person is always missing from the address when the post man reaches his house.Actually he is avoiding the notice.What should I do for that.
6 Answers from Attorneys
Re: Check Bounce -Person missing from Address
kindly clarify your question. you say you gave land to your friend, then you indicate that some loan is given by you to your friend. Anyway, I proceed on the basis that you are interested in filing a cheque bouncing case agaisnt your friend. For that, you will have to first serve 15 days notice under Section 138 upon your friend. Even if the service of notice is refused by your friend, a 'Refusal" note on the cover is deemed as service under law and you can then proceed to file the complaint case under Section 138.
Re: Check Bounce -Person missing from Address
You may serve notice at the last known address or the address available on bank records.
Re: Check Bounce -Person missing from Address
send the notice both byregd.post ack.due as well as certificate of posting demanding the amount of the bounced cheque within 15 days of the receiipt or deemed date of receipt of notice. even if the notice by RPAD is returned as refused or not found, you can still file a complaint within a month after the expiry of the 15 days of the deemed date of service which can be treated as four days from the date of despatch of notice.
Re: Check Bounce -Person missing from Address
your question is confusing. pl clarify.
Re: Check Bounce -Person missing from Address
Try to hunt for the new address from your common friends or so. You can do this experiment till the cheque is valid. If this is not possible you can issue notice to the last available address of the accused and prove the same in the court.
Re: Check Bounce -Person missing from Address
file a case under section 138 of NIAct. and serve notice thorough police or through advocate commissioner
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