Ni act.

Suresh Babu Rai (Querist) 07 March 2015 This query is : Resolved
Good Morning Sir!
That one of my client has approached me on 08.01.2015 and handed over me a cheque, returned unpaid on the ground of funds insufficient on 25.11.2014 as per memo issued through his banker. I have asked my client that the limitation in sending the legal notice is only a month from the date of returning the cheque and the time is from 25.11.2014 to 25.12.2014 as such re deposit the same to make up the limitation in sending the legal notice.
My client has requested me that though the period of limitation is over, he instructed me to send the legal notice on 08.01.2015 even after laps of 15 days as he can manage the situation and will get the amount from the accused. As such I have sent a legal notice after 15 days expiry of mandatory period. The notices were served on the accused, but they remained silent. My client stood hands up.
Finally I have lodged a complaint before the JMFC, but the JMFC has returned my complaint stating that “As per the Section. 138 9b) © of NI Act, this complaint is not maintainable, hence may return”. I have read and explained all these to my client even there is no fault from my side.
I request you to guide me that, whether I can explain the reasons for delay in sending the legal notice within proper time on the illness or any other ground to make up delay?
Thank you one and all!

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Advocate M.Bhadra (Expert) 07 March 2015
Case u/sec.138 N.I.Act is a time bound proceeding. So, ask your client to lodge a complaint to the Police and file a case u/sec.420.406 and 427 IPC in judicial Magistrate court.

You can also file a Money Recovery Suit with interest and damages in civil court.

ajay sethi (Expert) 07 March 2015
better file summary suit for recovery of money

Nadeem Qureshi (Expert) 07 March 2015
Complaint u/s 138 of NI Act can not be filed now.

you may file a criminal complaint u/s 406/420 of IPC before magistrate.

you may also file a civil suit for recovery before civil court.

Devajyoti Barman (Expert) 07 March 2015
agree with experts.

Rajendra K Goyal (Expert) 07 March 2015
Well advised, agree with experts.

Guest (Expert) 07 March 2015
Advised appropriately.

Suresh Babu Rai (Querist) 09 March 2015
Thank you one and all! It seems the doors are closed to make up the delay on any of the grounds either illness or with any other. All the way either I have to move a private complaint for offenses under Sec.s 406/420 of IPC or to sue the accused for recovery of money.
Thank you for your valuable feedback!

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