138 limitation
Anup Kamalakar Hadgaonkar
(Querist) 19 October 2010
This query is : Resolved
two cheques drawn on same bank and deposited in the same bank and in same A/c. the both the cheques were bounced with remarked that'stoped by drawewr'
notice was send on 17/08/2010 to the drawer and same was recived by drawer on 20/08/2010 but still he has failed to reply the same. Limitation to file complaint in the cour, is bared on 4/10/2010. due to some economical problems, complainat unable to file the same.
So my Q. is whether 16 days delay can be condoned. or on what graund and what is the provission for that?
Devajyoti Barman
(Expert) 19 October 2010
No, the delay in filing the complaint u0s 138 of N I Act can not be condoned. Now the option to you is to file a suit for recovery of money or summary suit or for cheating.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 October 2010
Now there is an amendment in the NI act wherein you can apply for delay condonation for filing the complaint after giving good reasons acceptable to the court.
SAANJAAY GUPTAA
(Expert) 19 October 2010
Delay in filing cases can be condoned under section 142(b) of the N.I.Act and the reasons for delay of condonation shall be allowed and reasons conduct your lawyer.
Kirti Kar Tripathi
(Expert) 19 October 2010
agree, delay can be condoned on sufficient and cogent grounds
pawan sharma
(Expert) 19 October 2010
yes i agree with Mr. Gupta.
Raj Kumar Makkad
(Expert) 19 October 2010
Cheuqes can again be presented and second notice can also be issued stating therein that on the request of drawer, cheques were again presented and bounced and similar complaint can be filed within limitation.
Advocate. Arunagiri
(Expert) 20 October 2010
I agree with Mr.Gupta. But, please dont blame the advocate just for filing the case.
Sri Vijayan.A
(Expert) 20 October 2010
Delay can be condoned.
However, try the advise made by Sri.Makkad
ashish lal
(Expert) 20 October 2010
Shri Makkad's advice is not correct. Once the notice is received by the accused, second notice has no meaning. This is because the accused has to pay the money within 15 days of receiving the notice. If he doesn't then after expiry of 15 days from the date of receiving the notice he commits an offence envisaged U/s 138 NI Act.
One may present a cheque any number of time , till the cheque is valid, before sending a notice of demand but once notice is send it cannot be presented again.
