Cheque Bouncing

sudhakar s. yeradkar (Querist) 09 November 2009 This query is : Resolved
The standred period for CASE filling U/s.138 of NI Act is like - Notice within 30dyas + 15 days waiting for Pyment remittance + Within 30 days Case to be filled if pymnt rmntce not received = total 75 days period.

If Notice refused by cheque issuer, then 15 days paymnt remittance, can we consider for filling case OR is it necessary to file CASE without counting that 15 days?

Pls.guide.

best rgds,

Sudhakar Yeradkar.

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adv. rajeev ( rajoo ) (Expert) 09 November 2009
Yes u can file the complaint if notice is refused, but it is better to wait for 15 days from the date of receipt of the refused notice.

Sachin Bhatia (Expert) 09 November 2009
You can file the complaint anytime after getting the intimation of refusal.

Raj Kumar Makkad (Expert) 09 November 2009
No. You shall have to wait because the set procedure is given as you described and it cannot be violated otherwise complaint shall be premature as decided in various cases by apex court. The accused has got legal right to deposit the payment of the amount of cheque even if he has refused the notice. Mere refusal to receive the notice do not give right in favour of the complainant to file the complaint rather it is his failure to make payment within the stipulated time.