138 Negotiable Instrument Act

Chetan (Querist) 05 January 2010 This query is : Resolved
I had send notice of u/s 138 of NI Act on 7/12/2009 and till today not received any acknowledhment of post.

what shall I have to do in respect of liitation because on 7/1/2010 the limitation of 30 days is over

pls provide remedy ...... very urgently...

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Raj Kumar Makkad (Expert) 05 January 2010
Chetan! the limitation to make payment was 15 days from the date of receipt of notice and one month period to file the complaint starts from the day of expiry of 15 dasy so still you have limitation to file the complaint up to 22 Jan 2010.

So far as non receipt of acknowledgment is concerned, it is not mandatory to come to you back. You sent the notice through registered post, it is sufficient on your part. You must have been postal receipt.

Kiran Kumar (Expert) 05 January 2010
notice sent through registered post is enough for your purpose, you can attach the postal reciept.

its right that u r still left with limitation period for filing complaint, i opine till 21st of this month.

Devajyoti Barman (Expert) 05 January 2010
Since you are yet to receive the acknowledgment of receipt of service the said period of 15 days is yet to expire. In this circumstances I would advise you to ask for status of the said postal article from the post office itself in writing and though the period of 30 days starts from the date of receipt of notice you would get the advantage of additional days because of confirmation in writing by the Postal Authority.

joyce (Expert) 05 January 2010
I agree with all experts opinion mr chetan.

Guest (Expert) 05 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.093225226691, 092719712561
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING FILING THE CASE U/S 138 OF N.I.ACT KINDLY NOTE THAT.
1.YOU HAVE ALREADY SENT A LEGAL NOTICE ON 7/12/09
2.THOUGH ACKNOWLEDGEMENT IS NOT RECEIVED BY YOU YOU MAY APPLY TO POSTAL AUTHORITIES FOR CERTIFYING THE DELIVERY OF SAID REGISTERED POST LETTER.THAT WILL BE SUFFICIENT FOR PROVING THE DELIVERY OF LETTER TO THE ACCUSED.
3.YOU MAY FILE CASE NOW ALSO.
4.KINDLY NOTE THAT LIMITATION PERIOD FOR FILING CASE UNDER SECTION 138 OF N.I.ACT IS WITHIN ONE MONTH AFTER NOTICE PERIOD OF 15 DAY AFTER SERVICE OF NOTICE IS OVER.
5 IN YOUR CASE STILL YOU HAVE ABOUT 15 DAYS IN YOUR HAND YOU MAY FILE CASE BEFORE THAT PERIOD IS OVER.PLEASE NOTE
IN CASE YOU NEED ANY FURTHER LEGAL HELP YOU MAY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Arvind Singh Chauhan (Expert) 05 January 2010
Agree with all seniors.

anuz doda (Expert) 05 January 2010
Dear Dhetan ,
1. You should wait for A.D. till the last date of filing the Complaint .
2. You should write to postal authorities for AD immediately .
Anuz Doda Advocate

Sukhija (Expert) 07 January 2010
You should write to postal authorities for AD immediately & proceed to file complaint.

G.G.Shaikh Advocate M:9898038990 (Expert) 10 January 2010
Dear chetan donot apply as above reply.

first you can make complain of non receive acknowledgement in post of office with the photocopy of post a.d receipt and get received that copy from postoffice .after doing this postat department will give you a written reply that notice is deliverd or not to the party. if delivered to the party you can produce the photocopy of postal department's reply with the compalaint befrore the court at the filling of compalinant

138 Negotiable Instrument Act

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