Legal Question in Civil Litigation in India

NI 138 : Accused is missing from his address

I sent a notice under 138 to a person who issued 3 cheques of 5 Lacs each to me that bounced. However the registered mail with those notices was received back undelivered as '' the accused is not living at the address '' anymore . I do not have his latest address. What is the next course of action??


Asked on 2/27/09, 5:03 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: NI 138 : Accused is missing from his address

You may obtain his LAST KNOWN address from Bank. Even if he has changed the address meanwhile, you may go ahead with filing of your complaint by giving the same LAST KNOWN address.

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Answered on 2/27/09, 8:18 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: NI 138 : Accused is missing from his address

you can ask for summons pasting order and then warrant etc.

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Answered on 3/12/09, 8:13 am
Pranav Desai PD Legal & Associates

Re: NI 138 : Accused is missing from his address

Unfortunately, sending a notice is an essential ingredient before filing a complaint u/s 138. Incase, accused not living at the same address you may have to try and find his new address.

If the above is also not possible you should take a help of a local advocate to file a compliant under the provisions of IPC.

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Answered on 3/01/09, 12:11 am


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