dishonour of cheque
ramesh
(Querist) 01 August 2009
This query is : Resolved
sir, after dishonour of the cheque, the complainant issued legal notice to the accused by way of ordinary post, certificate of post and registered post. but the acknowledgment was not received. but after lapse of stipulated time, the accused issued reply notice denying the notice contents. basingupon this reply, though the complainant has not received postal acknowledgement, filed complainant u/s 138 NI act. and calculated time after deleting 15 days grace period from the date of reciving reply from accused.whether this complaint is within stipulated time or barred by limitation? plz xplain me. thanQ sirs......
alokraman
(Expert) 01 August 2009
validity of complaint depends on 1)issue of demand notice 2)grace period 3)filing of complaint after stipulated time . it has nothing to do with reply of accused after stipulated period as accused on this ground cannot deny the valid claim
Deekshitulu.V.S.R
(Expert) 02 August 2009
YOur complaint is within time.
Write to the postal authorities now and find when the registered letter was delivered to the addressee. That will help in further progress of trial. As per the facts stated you are in time and go ahead with the trial. All the best
