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niact sec138

(Querist) 07 October 2015 This query is : Resolved 
Opinion seeking from valued members for the following.
1) cheque presented in bank 02/08/2012
2)returned fm bank of concern 4/08/2012
3)intimation from bank received 15/08/2012
4)legal notice sent on road 31/08/2012
4) legal notice received by cheque issuer 04/09/2012
5) the same notice ack DT by me on 11/09/2012
5) 15 days time limit 15 days time fm receipt of notice expired on 19/09/2012
Case filed on court 09/10/2012

In this above matter Kindly clarify
15 days receipt of legal notice or ackment DT of postal authorities received by me on 11/09/2012
Case filing expiry is 11/10/2012 or 4/10/2012

Other party objecting not filed in time frame of 04/10/2012
Please clarify
Please clarify exact DT of expiry of filing.

Anirudh (Expert) 07 October 2015
According to Section 142, complaint is to be made within one month of the date on which the cause -of- action arises under clause (c) of the proviso to section 138.

The cause of action will arise only when the drawer of the 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 fifteen days of the receipt of the said notice.

Thus, only after the 15th day (which in this case is 19.9.2012) the cause of action would arise.

Therefore the one month period for filing the complaint is to be counted from the day when the cause of action arose.

In view of the above, the stand of the opposite party that the complaint has been filed beyond the period of limitation is WRONG.
Advocate Bhartesh goyal (Expert) 07 October 2015
Complaint has been filed within limitation.
Rajendra K Goyal (Expert) 08 October 2015
Agree with the experts.
kaya (Querist) 09 October 2015
Tku respected Mr.anirudh for full clarity ,also thankful to Mr rajendra k goyal and advocate bhartesh goyal..for the immediate opinion
K.S.Srinivas (Expert) 12 October 2015
Agreed with the experts.


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