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Sanjaycase (service)     15 March 2013

Question about timelines

I have a check that bounced and I sent a register AD note within 5 days to developer. As the developers office was closed the AD letter came back not claimed.

As per the stamps and notes on AD letter

First attempt to deliver the letter was done on 2nd Feb 2013 and 2nd Attempt was done on 4th Feb 2013. I received the letter back on 14th Feb 2013. 

So in such case what is the last day for me to file the complain ?

Is it 19th March 2013 (Consider 28 days of Feb) ?

Please let me know as I am not sure how the counting starts and also not sure when case is to be filled within 30 days whether 30th Day is taken in account as last opportunity day.

Looks like I am running out of time and need to find lawyer hence checking.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 March 2013

You should serve notice on the drawer by R. P. A. D. within 30 days from the date of dishonour of the cheque. If 30 days are already elapsed, you may again present the cheque in the bank within stipulated period, normally six months. In the notice you should inform the drawer about dishonour of the cheque and should make demand of cheque amount within 15 days after receipt of the notice. If the drawer does not pay the money within 15 days after receipt of the notice, thereafter you may file criminal case u/s 138 of Negotiable Instrument Act within next one month in the court where cause of action has taken place.It would be better, if you serve notice through lawyer. Once you send by registered post with ack. it is deemed that you informed.


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