Sec 138 ni act --- time of notice and place of filing the case as of today (4 june 2015)


my friend dalbir based in jallandhar gave cheque to mr ghani 

dated 15 jan 2015.mr ghani deposited chq in march 2015 in 

Delhi (however mr dalbeer told mr ghani already to not 

present the cheque due to fiancial difficulties).mr ghani came 

to know about cheque bounce on 7 march 2015 and mr ghani 

send a legal notice dated 27 may 2015.


i have two queries

1). section 138 of NI act says notice must sent "within thirty 

days" of knowledge on cheque returned . in legal notice mr 

ghani  acknowledges that he came to know about chq bounce 

on 7 march 2015 and sent a legal notice dated 27 may 2015 (more than 75 days after mr ghani came to know about cheque bounce). 


so is this notice valid?

 

 

2)  if a case starts where it will be filed?
  
in jallandhar from where the cheque was  issued or 
in Delhi where the cheque was deposited ?

 

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Reply   
 
senior

notice has to be sent within 15 days from the date of dishonour and the case has to be filed within 30 days after the stipulated time of 15 days is completed.

The case has to be filed at Jallandhar only.

In your case the notice was sent after 15 days which is not valid.

sravankumar

Adv

Hyd

 
Reply   
 


LEGAL CONSULTANT

Treat the case as closed as there is no legal validity after the stipulated period is over.

 
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