Legal Question in Criminal Law in India

under section 138 of NI Act

my customer return the chq I contacted advocate who has sent legal notice but the legal notice return unclaimed with postal authority remarks ''ABSENT'' can I further proceed and file legal case in the court under u/s. 138 of the Negotiable Instruments Act, 1881


Asked on 5/08/09, 8:34 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: under section 138 of NI Act

Yes. Not claimed means served.

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Answered on 5/09/09, 12:33 am
Pranav Desai PD Legal & Associates

Re: under section 138 of NI Act

You would require proper service of notice prior to filing the case.

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Answered on 5/09/09, 3:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: under section 138 of NI Act

Yes go ahead

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Answered on 5/09/09, 9:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: under section 138 of NI Act

You may go ahead with your remedy in accordance with law.

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Answered on 5/08/09, 11:54 am


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