N.i. act
Upasana
(Querist) 08 October 2014
This query is : Resolved
Dear Sir/Mam,
Kindly guide me as regards the following query:
Under Section 138 of the N.I. Act, we are given 30 days time to send a legal notice. A notice was sent but the same was received back with the said comment "Left without address". Hence in the same notice period of 30 days another notice was sent at a different address and the same was delivered.
My question is that will the limitation period of filing a Complaint start from the 1st notice which was undelivered or from the subsequent 2nd notice.
Kindly include some case laws if possible.
Thank you
ROHIT SHARMA
(Expert) 08 October 2014
1. The limitation to file a complaint u/s 138 N.I. Act will commence from the date of the acknowledgement of the second notice being duly served.
2. The period of one month after the finality of such notice of confirmed delivery - is to be taken into account.
Upasana
(Querist) 08 October 2014
Thank You sir.
Can share any case law as regards the same?
Advocate Bhartesh goyal
(Expert) 08 October 2014
Yes,limitation period will commence from the date of acknowledgement of second notice.
ajay sethi
(Expert) 09 October 2014
we dont provide citations
Upasana
(Querist) 09 October 2014
thank you all
T. Kalaiselvan, Advocate
(Expert) 14 October 2014
Citations are not provided here. I am still wondering that how come the complainant issue a second notice on his own and brings up the limitation from the date of second notice, hope it is not maintainable.
