Complaint or case to be filled -negotiable instrument

SAMIR SHAH (Querist) 13 March 2012 This query is : Resolved
A LEGAL NOTICE IS GIVEN TO THE PERSON AGAINST CHEQUE BOUNCING BY REGD. AD. THE SAME IS RETURNED BACK UNACCEPTED OR REFUSE TO ACCEPT. WHAT IS TO BE DONE NOW.PLS GUIDE ME REGARDING THE PROCEDURE. WITHIN HOW MANY DAYS IS THE COMPLAINT OR A CASE REQUIRED TO BE FILLED.

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barun deka (Expert) 13 March 2012
Once the notice is sent by registered post correctly addressing the drawer of the cheque the service of notice is deemed to have been effected
(2007) 6 SCC 555

Arvind Singh Chauhan (Expert) 13 March 2012
Within 45 days of endorsement of postal department as" UNACCEPTED OR REFUSE TO ACCEPT" the complaint must be filed.

ajay sethi (Expert) 13 March 2012
file complaint under section 138 within 45 days of date of receipt of intimation that dbetor has refused to accept legal notice

SAINATH DEVALLA (Expert) 14 March 2012
Dear Mr.Sameer,

You have been corectly provided with the requisite information by my colleagues.Whether the notice is accepted or not you have to proceed within 45 das from the date of the notice, otherwise you have to forget about filing the case.

Another thing is the notice is given on your behalf b your advocate and he will be persuing the time frame.

SAMIR SHAH (Querist) 14 March 2012
THANKS TO ALL OF U. ONE MORE QUERY

IF THE COMPLAINT IS NOT FILLED WITHIN 45 DAYS OF RECEIPT OF INTIMATION THAT THE DEBTOR HAS REFUSED TO ACCEPT LEGAL NOTICE. CAN A COMPLAINT BE FILLED AFTERWARDS.

SAMIR SHAH (Querist) 14 March 2012
IS COURT FEES TO BE PAID WHILE FILLING THE COMPLAINT EVEN IF THE COMPLAINANT IS SENIOR CITIZEN OR A LADY.

ajay sethi (Expert) 14 March 2012
yes it can be filed later . you will have to make an application for condonation of delay . explain the reasons for delay .