138 N.I. Act

gopal narain mehrotra (Querist) 24 September 2009 This query is : Resolved
company received a bounced cheque on 29.09.2000 and issued a notice to intimate the party of the bounced cheque notice dated 15.10.2000 but dispatched the same through registered post recipt dated 22.10.2009 and received undelivered by the date mentioned on A.D. is 24.10.2009 by the postal dept. is the notice is within the time prescribed and is maintainable for filing the compalint and if no plase give the judgment on the aforesid case, please.riven

Follow Query

Report Abuse

PARTHA P BORBORA (Expert) 24 September 2009
YES U MAY FILE A CASE US 138 NI ACT . NOTICE WAS SERVED WITHIN THE LIMITATION PERIOD OF 30 DAYS.riven

Adinath@Avinash Patil (Expert) 24 September 2009
Mr. Gopal'
Your coplaint is Not maintabe because you r notice is not within time.Why you waited up to 9 years.You should have approch concerned post office and enquire of you notice, there is provision when you have not received aknowledgment of regd A.D. to may file complaint for receipt of notice.The post master make inquiry of said & he will reply your complaint.You lost this apportunity.riven

A V Vishal (Expert) 25 September 2009
The query is unclear, probably some there are typographical errors in the query.riven

adv. rajeev ( rajoo ) (Expert) 25 September 2009
Dear Gopal,
U have typed the year wrongly. If it is of 2000 then limitation is barred. If it is 2009 then it is within the limiation because notice returned undelivered on 24/10/09riven

Adinath@Avinash Patil (Expert) 25 September 2009
I think there is no typographical mistake
If we see date of notice & date of return notce the complaint is not maintable.riven

PJANARDHANA REDDY (Expert) 25 September 2009
MR GOPAL CLARIFY D BOTH DATESriven

Sarvesh Kumar Sharma Advocate (Expert) 25 September 2009
clearfy the date.
cheque bounce is time limit case.

PARTHA P BORBORA (Expert) 25 September 2009
SORRY THE CHEQUE WAS BOUNCED IN THE YEAR 2000 AND THE NOTICE WAS SERVED IN THE YEAR 2009!! IT IS NOT AT ALL MAINTAINABLE. I THOUGHT IT WAS BOUNCED IN THE YEAR 2009. SORRY FOR THE OVERSIGHT.

Sachin Bhatia (Expert) 25 September 2009
If there is no typographical mistake than the complaint in not maintainable.

Raj Kumar Makkad (Expert) 25 September 2009
Until the clearance of the dates, as asked repeatedly above, no concrete reply of your quarry is possible except as provided above.