Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Can other person file a suit for company in Cheque bounce ca

Querist : Anonymous (Querist) 12 August 2010 This query is : Resolved 
A complain case has been filed by a person
under 138NI Act. Can any authorised person
represent a company and file suit?
If the case is institueed after two months
lapse of Advocate's notice does it not fall
in limitation clause? Pl.suggest
Arvind Singh Chauhan (Expert) 12 August 2010
1-Yes
2-Yes but, Delay may be condoned under Proviso mentioned with Sec 142, on this ground.If there is fault of advocate.
Sukhija (Expert) 12 August 2010
It depends on facts of the case. All delays are not condoned. Reason on the part of advocate not filing case within time has to be made out.
Rajeev kulshreshtha (Expert) 12 August 2010
The first question's answer is 'yes' and in concern of second one the limitation u/s 142 NI Act is one month from the date of receipt of the notice by accused not from the date of advocate's notice. Please mention the date of receipt of notice.The limitation period shall be started from the sixteenth day from the date of receipt of notice and it is one month from that date.


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