When does "Cause of Action" start in NIA-138 case ?

Querist : Anonymous (Querist) 21 March 2011 This query is : Resolved
In a case of NIA 138/r/w 142,when does cause of action start----

From the time of receiving of the notice by the signatory of the cheque or after the passage of the 15 days(in case of non payment by the signatory of the cheque ?

Please specify....

I am confused, the notice sent by us was received by the noticee on 15/02/11, more than 30 days are already past,can we file a case in the court now?

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ESTHERPRIYA (Expert) 21 March 2011
No you have to wait for 45 days from 15/02/2011, the date of receipt of the notice by the drawer as specified in the act then only you can file the complaint. The cause of action starts from the date when the cheque is issued.

In case you need any clarification contact us at -
M/s.S&P Law Associates
Law Firm at Chennai
Phone : 044 - 43302424
Cell: 9840729285
Email: sandplawassociates@gmail.com
Website: www.sandplawassociates.com

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 March 2011
You can file even now with delay condonation application as per recent amendments in the law.

Querist : Anonymous (Querist) 21 March 2011
I am yet not clear, cause of action starts ,when the accused gets the notice or when he does not make the payment even after the passage of 15th day of getting that notice?

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