Sec-138 of negotiable instrument act

AMIT KUMAR SHARMA (Querist) 05 March 2013 This query is : Resolved
Dear Sir,

My friend gave me six cheques under a settlement and I have deposited in Bank.

Due to insufficient fund, all cheques has been bounced on 06.02.2013.

Due to strike in Court, Notice could not be sent to Defendant.

Can it be sent after 30 days from the date of Bounced, if strike is continue.

please help.

amit

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ajay sethi (Expert) 05 March 2013
notice has to be sent within 30 days . it is sent by post . how is court concerned ? file summary suit for recovery of cheque amount

Anirudh (Expert) 05 March 2013
Since the cheque got bounced on 6.2.2012, still you have time. 30 days has not expired (because February has only 28 days).
Issue the Statutory now without wasting any further time and save limitation.

Devajyoti Barman (Expert) 05 March 2013
Without wasting time anymore send notice asap.

Raj Kumar Makkad (Expert) 05 March 2013
I do agree with the advice of Anirudh.

Raj Kumar Makkad (Expert) 05 March 2013
You can even again deposit the cheques and can get those again bounced if the validity of those has not expired and thereafter can issue notices.

Sudhir Kumar, Advocate (Expert) 05 March 2013
seems already replied.

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