Legal notice us 138 of n.i. act

abhishek (Querist) 04 September 2013 This query is : Resolved
i want to ask a query regarding legal notice us 138 of N.I. Act

my query is that...is there any judgement through which i can send legal notice U/s 138 of N.I. Act even after 30 days had been passed..

if the ans is yes. plz provide the Judgement, Source and grounds of Judgement. I am in dire need of it

Follow Query

Report Abuse

ajay sethi (Expert) 04 September 2013
redeposit the cheque . then send legal notice on intimation of dishonour within period of 30 days

Nadeem Qureshi (Expert) 04 September 2013
within 30 days of receipt of return memo from bank, the demand notice can be send after that not. but if the holder can deposit the cheque many times within three months.

Rajendra K Goyal (Expert) 04 September 2013
Agree with the experts, nothing more to add.

abhishek (Querist) 04 September 2013
i would have done that..but the date of redeposit of cheque has also been elapsed..
i mean the time period of three months from the date of issue of cheque has also been elapsed...
now wot to do...

Rajendra K Goyal (Expert) 04 September 2013
You can file recovery suit.

abhishek (Querist) 05 September 2013
i know abt the recovery suit...but in recovery suit..thr would be a court fees...
i want to any thing can be done Us 138 Of N.I. act...specially relating to Legal notice..coz i heard there is Supreme court judgement whn a legal notice can be send after 30 days ..if any one has it...pls do tell me

Guest (Expert) 05 September 2013
There is no such judgment that allows notice after 30 days. Only fresh return memo of the bank on redeposit of cheque before the expiry period of cheque can provide you the opportunity for issue of notice.

ajay sethi (Expert) 05 September 2013
we are not aware of any such judgement . file summary suit pay court fees . if you succeed you will get refund of part of court fees