138 of n.i.a

Neeraj Kaushal (Querist) 04 April 2012 This query is : Resolved

Sir,
what is the limitation for filing complaint U/S 138 of Cr.P.C. i have sent demand notice on 5-3-3012 and gave time to accused for payment within 15 days after the receipt of notice. accused received notice on 7-3-2012 , my limitation starts for filing complaint from 20 March 2012 or 22 March 2012 because i have to file complaint within 30 days but i dont know my 30 days start from 20 March or 22 March .

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V R SHROFF (Expert) 04 April 2012
one month after recd notice + 15 days

Sailesh Kumar Shah (Expert) 04 April 2012
answer is date 22 March 2012.

Raj Kumar Makkad (Expert) 04 April 2012
22 March 2012 (you have wrongly written date of notice as 05.03.3012)

Advocate Bhartesh goyal (Expert) 04 April 2012
rightly adviced by experts.

ajay sethi (Expert) 04 April 2012
why wait till last minute . your endevaour should be to file compalint at earlest and not wait for last date . file it by 15h april

Arvind Singh Chauhan (Expert) 04 April 2012
Yes last date is 22 march.

V R SHROFF (Expert) 04 April 2012
7-3-12 is excluded from 15 days payment
so 8+15=23 march is the 1st day starts for a month to complaint. 22-3-12 is ur ending period to get paid . ]
As intervening month 9 march0 is 31 days you get 31 days to file complaint i.e.
Your Last day of complain is 22-4-12

Delay condonation applies to extend it further to a six months?? a year?? or a month say 22-5-12???

SAINATH DEVALLA (Expert) 05 April 2012
Dear Neeraj,

Every aspect of your query has been dealt in detail by the experts above.Follow them.

Deepak Nair (Expert) 05 April 2012
You have to calculate the 30 days from 22.03.2012

Shonee Kapoor (Expert) 05 April 2012
Nothing left to say.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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