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Author Topic: Cheque bounce notice - How to defend argument that notice not receiced  (Read 829 times)

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Offline ramki2015

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Sometimes one needs to send a formal notice to the concerned by Register AD. Say in case of cheque bounced due to insufficient funds.

While there is proof of sending and acknowledgement, there is no real proof that the envelop contained the intended information. The other party can claim in the court that they did receive the Register AD envelop but it did not contain anything inside.

How this can be defended / mitigated by the petitioner?

Offline advpriyaanand

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the court will simply ask you to give a copy in court thats all.
Advocate Priya Anand,
Learned Counsel
Madras High Court

Offline rajgopal sripathi

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Hi
The petitioner need not put the letter inside  a sealed cover in front of a witness and send the same by registered letter with ack due.

It is presumed in law that the petitioner did send the notice to the defendant if the petitioner submits the copy of the payment receipt to the post office  along with ack due duly signed by the defendant.

As a lawyer we come across cases wherein the defendant(in almost 70% of cases) state that they received an empty cover but not the notice demanding payments.

But such claims are always ignored by the courts and the courts will say now that proceedings have commenced, we will give you 30 days to prepare your counter.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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