procedure after sending third notice for cheque bounce

783 votes

1. You have said that the Notice has been duly sent to the permanent residence as given in the agreement and the same has returned back. Section 94 of the Negotiable Instrument Act states about the Modes in which notice may be given. If notice is duly directed, sent by post, speed post, courier, registered ad with acknowledgement due or by email and miscarries, such miscarriage does not render the notice invalid.

Section 27 of the Evidence Act gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post. The Hon'ble Supreme Court of India has already held that when a notice is sent by registered post and is returned with a postal endorsement ‘refused’ or ‘not available in the house’ or ‘house locked’ or ‘shop closed’ or ‘addressee not in station’, due service has to be presumed. [Vide Jagdish Singh Vs. Natthu Singh 9 Page 10 (1992) 1 SCC 647; State of M.P. Vs. Hiralal & Ors. (1996) 7 SCC 523 and V.Raja Kumari Vs.P.Subbarama Naidu & Anr. (2004) 8 SCC 74].

A caution needs to be taken while filing of the case under Section 138 of NI Act with respect to the limitation as provided under law for sending of first notice and expiry of the 15 days period thereafter. the sending of multile notices may cause limitation issues as Hon'ble courts in catena of judgments have refuted the delay in filing of case due to sending of multiple notices, thereby resulting in rejecting of complaints u/s 138 of N I Act.

A properly sent single notice is sufficient, no need to send notices repeatedly on the pretext of previous notices being returned un-served.

My advise is that you should file the case pronto in the court under which jurisdiction it may lie.

Advocate Daiyan Hussain LawRato