• Conerncerd person shift from the address

Hi,
One person should give me money so he agreed to pay the money within 45 days and he had given me written on a bond paper but till now he didn't give me the money in order to recover my money I had to sent a legal notice but the problem I came to now that the person is not staying in the address which he mentioned in the agreement and he is on what's app so how can I sent him a legal notice can I sent legal notice to his what's app no if yes how can I collect the evendence in the court plz help
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

A legal notice can be sent to him on WhatsApp and reasons for the same can be explained to the court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can send the legal notice on whatsapp as per the bombay high court judgement. You need to file civil suit for recovery in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi 

You can send the legal notice through whatsapp messages also.

Recently Mumbai high court had stated in its judgment at SBI Cards and payments services vs Rohit jadhav had stated that sending legal notice through whatsapp messages is in compliance with Order XXI Rule 22 of the Code of Civil Procedure.

Please send the legal notice through whatsapp as a PDF File.

in addition to whats app message, you may send the notice to the last known residential person of the opposite person through registered post as in law, if the addressee has provided you incorrect address or if he is not residing in the earlier address,Your notice is still considered valid and is deemed to be served under General clauses act. 

So no need to worry at all. 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Engage detective agency to trace the borrower 

 

2)if you have his email I’d send legal notice by email  to borrower 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

For time being you can make police complaint under criminal law and NI act that money not returned as per promissory notes or bond. And ask policemen to call him in police station immediately. So you will come to know correct address of him.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See if notice is returned back for change in address you can firstly give a police complaint that person took money and now you are not able to find him if police help you can get money fast though police citing it civil matter can refuse so in that case you need to file suit before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can send the legal demand notice through whatsapp also.

Once he receives the whatsapp message it is deemed that he has been served with the notice.

you can file a money recovery suit after that. 

You can send the summons to the given address, let it be returned, you can get an exparte order against him, after that you locate his current address and initiate execution process for recovery.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Legal notice through whats app is valid delivery of notice when service of notice not possible on address.

But what is the condition to give you money, as gratuitous borrowing cannot be enforce through court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you can send him the legal notice through whatsapp and give copy of screenshot in court. 

But you can attach the returned notice due to wrong address in your recovery suit it will be admissible evidence.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

there is no provision as such you can whatsapp the legal notice and it is not valid service according to law but you can lodge complaint before jurisdictional police station. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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