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What can be done if summons return undelivered


30-Apr-2023 (In Cheque Bounce Law)
Dear Sir, Somebody took money from me and issued a cheque after much following of 2 years. The cheque got bounced due to insufficient fund in account. I sent him notice under 138 read with 420 on the address updated in his bank KYC. But the notice was refused by him and this was written on the notice which came back undelivered. Now, can I sue him for 138 and 420 along with?
Answers (5)

Answer #1
746 votes
If you have sent him the notice on his correct address with registered post, and he refused to take it, service is presumed. Now You can file a complain under section 138 on the basis of this notice subject to limitation period of 30 days. For 420 you need to Lodge a separate complain either in police station of if they refuse in a Magistrate court.. regards team Lawyer Mitra

Answer #2
924 votes
Sir you can file a complaint case with the magistrate under section 138 of the Negotiable Instruments Act. For proceedings under Section 420 IPC you have to file FIR with the Police Station and then the criminal justice system will be in motion. The two cannot be clubbed. However, the outcome of the Section 138 matter would benefit you.
Answer #3
885 votes
If the address on the notice was correct and the person has refused to accept it, you can file a case under section 138 NI act, i would advise that you talk to counsel and talk about your legal options.
Answer #4
955 votes
Actually in a case filed under section 138 of negotiable instrument act it is necessary or legally required that notice must be served on the accused. It is also to be pointed out that notice has to be sent within 15 days of obtaining information from the Bank in the from of memorandum. So if the deadline has expired you are advised to re deposit the cheque in your bank for clearance and in case the cheque again bounces then you may again prefer a notice and contact the postman of the area to make sure that notice is served. Thereafter you may file a case . suppose the accused evades service then you must make sure by pre contacting the postman that he writes the phrase on the envelope #refused to take delivery#and in this way you can file the case as court may presume service through refusal by recipient.... Regards.
Answer #5
533 votes
You can sue him u/s138 N.I.A.as the compliance is sufficient,but not along with sec.420 IPC as procedure of both is different.you can sue him separately u/s420 IPC.Trial of 138 NIA is summarily.420 is warrant trial.

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