section 138 ni act

srinivasp (Querist) 18 March 2011 This query is : Resolved
please new amendment of sec. 138 of NIAct filing the case and limitation filing the complaint.

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Silabhadra Sastry Advocate (Expert) 19 March 2011
Mr Srinibas as per new amendment,in case of a cheque bounce you have to issue demand notice within 30 days from the date of receipt of cheque return memo/covering letter from the bank,where in you have to give 15 days time from the date of receipt of notice, for refund of the cheque amount.After the notice is duly received and 15 days time expired ,you have to file the case in court within 30 days from the date of expiry of 15 days duration.

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 March 2011
And I will add further that you can also file case after expiry of 30 days as above but with delay condonation application which was not there earlies.

Surrender K Singal (Expert) 19 March 2011
Is it not better to file criminal complaint through local Police Station so that it becomes a State vs the Accused ?

Vinod Singh Tomar (Expert) 20 March 2011
Silabhadra Sastry Advocate
clarified very well and according to law.

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