The accused is not receiving my cheque bounce notice. in the track status of INDIA POST WEBSITE under the 'EVENT' coloumn the following message is being shown 1.'Item Onhold Door Locked-Intimation Served' 2.'Item Returned Addressee cannot be located' the address of the accused mentioned in the notice is same as in his aadhar card and he lives in the same house. shall i proceed with my case ,my lawyer has doubt that i may loose the case on the grounds that accused has not received my notice.
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The remarks by postal department ' intimation served ' is deemed to be proper service of pre litigation demand notice.
You may proceed to file the cheque bounce case stating the same and if your lawyer is not cooperating then you may change the lawyer.
You can try to serve him by WhatsApp or any other alternative address. Intimation served is good service.
repeated query. You can sent notice through email, whatsapp, message. you can resend the notice.
Do you have drawer email I’d
you can send notice by email to the drawer of cheque
3) it may be that drawer is deliberately seeking to avoid service of notice by managing endorsement that addressed cannot be located . If intimation had been served and door found locked it is proper service
It is not mandatory that notice to be served through registered letter only .Try to serve through e mail or what's up or telegram etc the electronic means too.
Alternatively try to contact bank branch concerned who's cheque is dishonoured .They may be having his updated address .
After making posible efforts you may file the case.
Your lawyer's doubt is reasonable. Postal endorsement says,
'Item Returned Addressee cannot be located' the damaging part is "addressee cannot be located." The principal of General Clauses Act is not applicable in view of specific endorsement.
An affidavit to the effect that the Notice was
sent at the correct address of the accused but he is intentionally avoiding the service can be filed with the complaint attach the track record. Don't worry it would presumed sevice of notice.
- If, the report is No.1 then it means that the notice already served upon the accused
- Further, as you are sending the notice on the correct given address in the Aadhar Card and as per your information he is residing in the same address then you should file an affidavit before the same Court after affirming that the notice has been served upon the accused as it was sent on the correct address.
- Since, you have filed the case under section 138 of N.I. Act then the magistrate is bound to issue arrest warrant against the accused upon receiving the affidavit.
Yes, you can proceed with your cheque bounce case under Section 138 of the NI Act, even if the accused has not received the notice, because:
1️⃣ Legal Presumption of Service: If the notice was sent to the correct address via registered post or speed post, the Supreme Court has held that it is deemed to be served, even if the accused refuses or is unavailable (C.C. Alavi Haji v. Palapetty Muhammed, 2007).
2️⃣ Proof of Attempted Delivery:
3️⃣ Next Steps:
Since you have sent the notice to the correct address, courts will likely consider it valid service, and you should proceed with the case.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Try to send the notice over the WhatsApp or Email. The Hon'ble Apex Court had allowed in many case wherein notices were severed by WhatsApp and Email.
Find out his correct address.
If intimation is served and the item is not collected and moreover the address where the notice was sent and the address on adhaar card were same then apply to court to accept the service as ' good service'.
After that the court will issue arrest warrant and notice of proclamation.
He would be forced to appear then in court.
Dear Client,
It is required by Section 138 of the Negotiable Instruments Act 1881 to send a legal notice before filing the cheque bounce case. However, if the accused purposely evades acceptance of service, as long as you sent it to the right mailing address, and sent it via registered post or courier with acknowledgment, the service is valid. Courts have held, if the notice comes back with the notations of, "door locked," "unclaimed," or "addressee cannot be found," it is considered "constructive service." You should have kept the postal receipt, tracking details, and the returned envelope as evidence that the notice was served. You can proceed on this evidence when filing the case.
Hope this helps. Please feel free to ask if there are any further legal queries.
1. If the notice is sent through registered post it is considered valid.
2. Apply to the court to issue bailable and then non-bailable warrants.
