Can I file cheque bounce case if notice unserved?

My friend is running a business and took some money from me as a friendly loan via online bank transfer. He gave me a cheque as security, but no agreement was made. When I presented the cheque, it was dishonoured due to insufficient funds. I sent a Section 138 notice to his office address, current address in Delhi, and permanent address in Badaun (U.P.). However: The office is closed, and he has fled. At the current address, it was reported that the addressee has left without any instructions. At the permanent address, the notice was not served because he is said to live elsewhere, and no one knows his whereabouts. But he recently sent a reply notice from the same permanent address to someone else from whom he also took money. I sent the notice to the address on his Aadhaar card and to the permanent address, where the electricity bill is in his father's name.

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Advocate By LEAD INDIA Answered: 27 May 2025

You can still file a case under Section 138 of the NI Act. If the accused has avoided the notice knowingly, it is considered "deemed service." Since he replied from the same address in another matter, you have a strong point. File the case with proof of notices sent and returned. For further legal assistance contact us on our helpline number. 

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