Sec 138

manoj (Querist) 29 August 2012 This query is : Resolved
i just want to know that what is the time limit to make notice to the person after cheque bounce and after the notice how many days for filing the case

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Yogesh Anand (Expert) 29 August 2012
It is 30-15-30.
On recieving intimation of dishonour of cheque you have to issue demand notice within 30 days. The accused has to make the payment of cheque amount within 15 days from the dste of receipt of demand notice. If the accused does not pay withis 15 days then cause of action arises on 16th day and you have file complaint under 138 within 30 days thereafter.

Yogesh Anand (Expert) 29 August 2012
please read sec. 138 and you will know the exact limitation.

Dr J C Vashista (Expert) 30 August 2012
I concur with Mr. Anand.

Trivedi Advocate (Expert) 30 August 2012
I do concur with Anand sir.

Regards,

manoj (Querist) 30 August 2012
thanks for ur kind information.

V R SHROFF (Expert) 30 August 2012
""you have file complaint under 138 within 30 days thereafter."" is false.

Anand is right except the last sentence Change to "ONE MONTH " INSTEAD OF 30 DAYS.

A month may be 28 days , 29, 30 or 31 days depend upon intervening English Calender month, after 15 days of receipt of notice.
Thumb rule is lodge Complaint within 45 days of receiving Legal Notice.

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