LawRato

Cheque bounce case rejected on grounds of accused not received notice


04-Jun-2023 (In Cheque Bounce Law)
I file a complaint under NI Act 138 . I follow all legal proceedings required to file a case. I post a legal notice by registered post at correct address & it return by endorsement " family refused to receive , say accused go somewhere & we don't know when he returned ". I submit original cheque , copy of legal notice , bank memo , registered post slip with endorsement in the lower court in 2012. After six yrs trial , the judgement is in my favour n accused is penalised by two yr imprison. Now in appeal session court accepts view of accused n quash the case as notice was not served by complaint Pls suggest what to do
Answers (2)

Answer #1
519 votes
you should immediately consult your lawyer and challenge the judgment, there are supreme court judgments that say that if a notice is sent to the correct address it is deemed to be served, so you should take a legal consult and discuss the case with your counsel soon
Answer #2
506 votes
As I think I should present on session court and argument his appel present ur fact and argument ur fact court may be relief ur ground because ur case fact is strong and then accused present so u may be fast relief

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."