138 of ni act

Sanjeevappa. L (Querist) 21 January 2012 This query is : Resolved
A issued a cheque to discharge legally enforciable debt in favour of my client. The said cheque dishonoured. My client issued demand notice by RPAD. But, either the acknowledgment or the unserved postal cover returned back. After give complainat to Postal authority have given endorsment on YYYYYY stating that the RPAD served on A on XXXXXX date. Now my question is to count the limitation which date is to be taken into consideration. Whether YYYYYY or XXXXXX. plz provide any citations to support your answer. Tanks in advance, matter is urgent. plz

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Raj Kumar Makkad (Expert) 21 January 2012
XXXXXX date. this is basic law and there is no need to produce citation for this purpose. The date on which the accused received the notice, the same shall be treated as true and further action accordingly.

M/s. Y-not legal services (Expert) 21 January 2012
yes.. am agree with makkad sir..

postal dept. served the notice.. then you may be missed the a.d card or any thing else.. so the date which is indicate by the postal dept can be considered as true..

-tom-