138 Negotiable Instrument Act

Chetan (Querist) 10 July 2009 This query is : Resolved
A person handover me the notice send by the another Advocate u/s 138. after perusing it is found that the delay of about 80 days

Now, 1) can I file a Civiil Suit for Recovey of Money

2) Can I file a summary suit

3) can a I made application for condonatio of delay, if yes pls provide the citation

Regards

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PALNITKAR V.V. (Expert) 10 July 2009
You can file a civil summary suit for recovery. The delay can not be condoned for a case u/s 138.

RAJENDRAN K.M. 09443050520 (Expert) 11 July 2009
U r rightly file civil suit only

SHYAMSUNDAR (Expert) 11 July 2009
You can avail the remedy of civil Suit at any instance of time.
the Delay of 80 days even can be condoned if you have a sufficient cause.

Ravi Arora (Expert) 11 July 2009
yes ld brother shyam sunder is right i do agree

RAKHI BUDHIRAJA ADVOCATE (Expert) 13 July 2009
U should file an application for condonation of delay, alongwith the complaint u/s 138 NI Act, wherein you should mention the sufficient reason of delay, if the judge satisfies then he would allow ur application. Otherwise u can move to suit for recovery. The limitation period for that is three years from the date of knowledge. For more query u can contact me at_rakhibudhiraja@gmail.com
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