Query u/s 138 NIA
VINAYAK HIREMATH
(Querist) 17 July 2011
This query is : Resolved
Dear Sir,
Facts of the Case:
Cheque dated 05/10/2008
Dishonour Intimation receipt date 14/11/2008
Bank Remark - "Required Signature, Alteration in Deed"
Notice dated 16/12/2008
Notice Receipt Date 19/12/2008
Date of filing case u/s 138NIA not known
Summons issue date 10/03/2010
Summon date 23/04/2010
Query:
My relative who stays in Pune has been charged in this case filed before JMFC Indore (MP).
Whether the above case meets all the dates within limits specified in the section?
Can a case under this section be filed after more than a year from serving of notice?
We observe that the complaint has not been signed by the complainant and is signed by their Advocate and we feel that the counter sign by complainant is forged.
Kindly advise in the matter. Also, I will be grateful if reference of a suitable Advocate in Indore be provided to us.
Regards,
Vinayak S Hiremath
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 July 2011
The case is not maintable but since the process is issued you have to appear and face trial. The case will be dismissed. But engage an efficient lawyer.
Vinod Singh Tomar
(Expert) 20 July 2011
Pl. appear in the matter, take bail as offence is bailable one and go into the trial. notice dated 16-12-2008 itself is illegal as it was to be sent within a period of 30 days ( one month)from the date of intimation of dishonour i.e.14-11-2008. Case will be finally dismissed on this ground alone.
