Complaint undersec 138 of negotiable instrument act

P.C. Joshi (Querist) 29 February 2012 This query is : Resolved
Dear Learned friends,

With utmost respect I request for your advice on the following facts:

1. The date of receipt of intimation/bank advise from Bank : 31st December, 2011.

2. Date of despatch of notice of cheque dishonour issued to the party/issuer : 25/01/2012

3. No payment/response has been received from the issuer till date

Query:

What is the time limit for filing crimianl complain in the above case.

In my view the time limit(which is on exipry of 15 days from the date of desptach of notice has already expired.

Expert opinion of the members is requested.

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SAINATH DEVALLA (Expert) 29 February 2012
Dear Mr.Joshi,
Kindly mention the entire transaction details. Mere date of despatch, or date of notice is not enough for us to come out with correct advice.

V R SHROFF (Expert) 29 February 2012
safely lodge criminal complain by 7-3-2012

25-1 u dispatched, so deemed recd by 28-1
+ 15 days to pay =8-2-12
+1 month [ this month 29 days ] so 11-3-2012

For any exigencies, do it by 7-3-2012
10-11 mar is second sat & sun being holiday
so i advise on or before 07-3-12 for safer side.

Sankaranarayanan (Expert) 29 February 2012
Mr shroof given full details. So follow accordingly

SAINATH DEVALLA (Expert) 29 February 2012
kindly act as per the adivice of Mr. Shroff.Nothing more than that.

P.C. Joshi (Querist) 29 February 2012
Thanks a lot Mr Shroff and other gentlemen.
One more point pls in case of a cheque issued by a jaipur customer of a Delhi based Company, the cheque was deposited in Delhi and dishonoured. The company criminal complaint filed in Tis Hazari Court in Delhi.But the Magistrate has not taken cognizence saying that the complaint is to be filed in Jaipur and has not issued summon to the accused. Is the magistrate justified in his stand.

Thanks

P.c. Joshi