Postal notice is not accepted by borrower for cheque bounce case

985 votes

Sir/Madam, serving of demand legal notice to pay the amount of cheque is a prerequisite under Section 138 of N I Act. The same notice should be sent only by a registered post with. Ack due and/ or the same notice can be sent by an email. In case if the person is not accepting the legal notice, intentionally , you need not worry , provided you have sent to the address of him correctly, after sending of 2 times again and if he doesnt accept, it is presumed as a "deemed notice" in the eye of law and Cheque bounce case can be successfully initiated against such person at the territorial jurisdiction of the bank, where the cheque has been dishonoured. Regrds.... Adv.Balachander Reddy, B.Com,LL.B,LL.M IPRs, Hyd.

LawRato LawRato

852 votes

Dear,

If the borrower/defaulter of the cheque refuses to accept the postal notice sent by lawyer, then the service is complete and the notice is deemed to be served. Engage a cheque bounce case lawyer and file the case in the jurisdictional magistrate's court under whose limits the cheque was bounced and proceed further.

Advocate B. Srikiran LawRato

535 votes

Statutory notice u/NI Act sent to the correct address of the Drawer even if he refused to receive or house door locked or absent for some period is deemed to be served under Sec 27 of General Clauses Act. It is for the drawer/ accused to prove that he has no knowledge about notice.

Advocate Ram Reddy Lenkala LawRato

786 votes

whether accepted or not nothing to worry you have to file case before court of law , but the postal cover mentioned address is correct or not verify once again, your burden to prove the said residential address of the borrower is correct

Advocate Pathikonda Murali LawRato