What happens if a court summons is sent to an address that’s changed, and no one receives it? Specifically, in a case where a cheque bounced due to a mismatch between words and figures in an agreement, what legal action can be taken? Should this be filed under Section 138 of the Negotiable Instruments Act or as a cheating case?
Best Answer
If a court summons is sent to an incorrect address and not received, it doesn’t automatically invalidate the legal proceedings. The court may issue a fresh summons to the correct address. In this case, filing under Section 138 of the Negotiable Instruments Act is appropriate as the cheque bounced due to a discrepancy in the agreement. Filing a cheating case might be considered if the discrepancy was intentionally created to deceive the payee.
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