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Notice u/s 138 of NI Act

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved 
What is the time limit for sending Notice Notice u/s 138 of Negotiable Instruments Act, 1881? From which date the said time limit starts?
A V Vishal (Expert) 05 May 2010
30 days from the date the bank issues the return memo stating the reasons for the same.
ESTHERPRIYA (Expert) 05 May 2010
yes the expert is right
Parveen Kr. Aggarwal (Expert) 05 May 2010
(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.

(b) The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and

(c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within thirty days of the receipt of the said notice.



Querist : Anonymous (Querist) 05 May 2010
In Para (c) of detailed reply by Praveen Kumar, it seems period should be 30 days instead of 15 days. Please reconfirm.
G. ARAVINTHAN (Expert) 05 May 2010
I agree with Vishal Sir
Parveen Kr. Aggarwal (Expert) 10 May 2010
Yes. Mr. Anonymous. It should have been 30 days. Now modified. Thanks.


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