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138 Negotiable Instrument Act

(Querist) 15 February 2010 This query is : Resolved 
My notice u/s 138 is received by the accused on 22/12/2009

what is the last date for filing the case


whether the date on which the notice is received is taken into calculation of period

Pls provide urgentlly ------
B K Raghavendra Rao (Expert) 15 February 2010
If the accused has received your notice under Section 138 on 22.12.2009, you need to start count the limitation date from 23.12.2009. Fifteen days from 23rd works out to 05.01.2010. You ought to have filed complaint before the jurisdictional Magistrate on or before 05.02.2010.

Always, the period is counted from the day next of receipt of notice.
Parveen Kr. Aggarwal (Expert) 15 February 2010
Section 12 (1) of the Limitation Act, 1963 is reproduced below:
"12. Exclusion of time in legal proceedings - (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded."


Section 9 of the General Clauses Act, 1897 is reproduced below:

"9. Commencement and termination of time.- (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from", and, for the purpose of including the last in a series of days or any other period of time, to use the word "to".

(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887."

In view of the above, considering the provision contained in clause (a) of Section 142 read with clause (c) of proviso to Section 138 of the N. I. Act, the day when the notice was received by the accused, i.e. 22.12.2009 shall be excluded and the complaint shall have to be filed on or before 05.02.2010 (15+30= 45 days, December 9, January 31 & February 5)
Swami Sadashiva Brahmendra Sar (Expert) 16 February 2010
I do agree with experts.
Guest (Expert) 16 February 2010
i agree with experts


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