Cheque Dishonour - filing of complaint
Querist :
Anonymous
(Querist) 08 April 2010
This query is : Resolved
I have on 01.03.2010 sent a notice for cheque dishonour which was delivered on 04.03.2010.
I did not receive any reply to my notice by 19.03.2010.
I would like to know as to by when should I file my complaint with the magistrate?
H. S. Thukral
(Expert) 09 April 2010
Complaint can be filed by 17-4-2010. The cause of action starts only after 15 days of notice. In your case it is 19-03-2010. The complaint can be filed within 30 days of cause of action. That should be by 17th of April 2010.
Querist :
Anonymous
(Querist) 09 April 2010
What happens if there is a delay in filing the complaint
H. S. Thukral
(Expert) 10 April 2010
some explainable delay can be condoned
Querist :
Anonymous
(Querist) 10 April 2010
When do I need to explain the delay, at the time of filing the complaint or at the time when the matter is taken up by the court
Guest
(Expert) 10 April 2010
(1) From the delivery of notice on 4-3-10, 15 days waiting period i.e., 19-3-10 - From then 30 days i.e., you can file on or before 19-4-10 (Monday).
(2) In case of delay, at the time of filing of the complaint itself, you shall file a condone delay application with an affidavit praying the court - since on certain grounds you could not file the complaint in time - and condone the delay. If the delay is less than 7 days, no notice will be ordered to the accused and the Court will condone the delay by itself. If the delay is more than 7 days, notice will be ordered by the Court to the accused for his (counter) objections, if any.
