138 ni act

Querist : Anonymous (Querist) 09 August 2011 This query is : Resolved
Sir,
after dishonor the cheque issued by me, Mr. X sanded over a notice to me as per provision of the act. But due to any cause fail to file a suit against me under limitation.
Now Mr. X has sanded over the another notice for me for the same chaque and has filed a suit of 138 N.I. act on behalf of 2nd notice.
is limitation allows for this. ? if not then kindly mail me the case law on same.
Thanks.

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R.Ramachandran (Expert) 09 August 2011
Once the complainant had sent a notice u/s. 138 N.I. Act, he cannot send a second notice.

Advocate Bhartesh goyal Online

(Expert) 10 August 2011
As soon as notice served to drawer limitation starts and complainant can file case within prescribed period I.e 15 days grace period to complaince the notice and after expiry of 15 days complainant can file case within 30 days in court therefter he can not file case.In your case complaint filed on second notice not maintainable as limitation already expired.

Querist : Anonymous (Querist) 13 August 2011
Dear Advocate Bhartesh goyal ji, kindly can you provide me any citation regarding this.

DEFENSE ADVOCATE.-firmaction@g (Expert) 13 August 2011
Just possible the cheque is presented again and second notice sent and this is not disclosed in the complaint before court. Just bring these facts before the court and seek order for dismissal which in normal course will not be given so you have to go to revision.

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