Filing a case under negotiable instrument act as legal notice returned

one of my clients cheque dt.25/09/2017 amounting to Rs.59120 got bounced, thereby I gave a notice through my lawyer on dt. 23/11/2017, but was unclaimed and returned back. Can I still file a case under negotiable instrument act.

Answers (3)

270 votes

You would require to establish in court that the attempts to serve documents were made but not successful.
And that the failure to deliver the notice on an address known to be that of the drawer would not prejudice you from obtaining entitled in order to recover your money.

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255 votes

You have not disclosed that when you presented the said cheque.. I. e. Presented on which date.. If the presented date and notice which was issued by you through your advocate are all well within the limitation, then you have good case..

If the notice returned back as NOT CLAIMED OR UN CLAIMED, you still have a good case.. Though the said notice returned for above said reasons, the notice looked as DEEMED TO BE SERVED..

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61 votes

You have to file the case within 30 days from the date of receiving the returned notice. However you can file the case even now and convince the court as to why there is a delay..

Further you can file a civil suit for recovery of the said amount

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