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Dear sir nMy friend doing business & taken some money as friendly loan from me via online bank trans


08-Apr-2023 (In Recovery Law)
Dear sir nMy friend doing business & taken some money as friendly loan from me via online bank transfer mode ,and given cheque against that money but no agreement done .i presented cheque and cheque was bounced due to insufficient fund .i have sent 138 notice to his office address ,present address in Delhi and permanent address in badaun up, but office he has closed and run away from there, at present address it comes that addressee left without any instructions, and at permanent address notice was not served due to the reason ki Bahar raheta hai or koi pata nahi hai .But from same address he has sent reply notice to some other person from whom he has also taken more Money and given cheque .I have sent notice on his adhaar card mentioned address& on his permanent address whose electricity bill coming on his father's name .Now I want to file case in 138 ni act .can I file case in this situation where my notice were not served,but notice of one of my known was served on same address
Answers (3)

Answer #1
711 votes
If you have dispatched the notice at the last known address of the accused it will be deemed to be received by him/her. He’s just making excuses by bribing the postal man not to deliver such notice. Nevertheless you can always send it on his WhatsApp number and then file 138 NI. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
869 votes
Yes you can file the case with the address you mentioned and you to attach an affidavit in this regard ! U need to hire expert advocate for the entire case bcoz 138 cases are technical very sensitive ! B in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #3
636 votes
Yes you can file a case directly in court under section 138 of NI Act and we will file a application of condone of delay for delaying of notice mentioning the issues regarding the delay of legal notice send to them
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Advocate Akansha Jain

Adv. Akansha Jain

LawRatoDelhi | 25+ Answers
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