Legal Question in Banking Law in India

Cheque Bouce Notice

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, 4:37 am

2 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Cheque Bouce Notice

yes u can ...... if u can prove that the notice was served to the accused then no need of regd ad or upc etc

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Answered on 7/21/07, 3:06 pm
kavitha balakrishnan kpp associates

Re: Cheque Bouce Notice

yes you can if you have proper documents to proof!

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Answered on 7/22/07, 11:41 pm


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