Section 138 (c) of ni

RR BHARDWAJ (Querist) 14 August 2013 This query is : Resolved
Hi
The notice was issued 09.12.2011 under 138 of NI Act 1881.But accused did not received and notice came back with comment "Repeatedly contacted but not found" on 16.12.2011.A case was filed on 23.12.2012 on 14th day from the dated of the issue of Notice.The court issued notice on 26.05.2012 to the accused.

Is it a case of Premature filling under 138 (c)as cognizance of offence was taken on the later date.

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ajay sethi (Expert) 14 August 2013
it ought to have been filed by 31/1/2012 .complaint not maintanable has application for condonation of delay been made?

Rajendra K Goyal (Expert) 14 August 2013
Case was filed on 23.12.2012 while notice by the court was issued on 26.05.2012 prior to filing of case. Probably the case was filed on 23.12.2011 please confirm.

The notice was returned undelivered, case was rightly filed.