kaya
07 October 2015 at 16:23
Opinion seeking from valued members for the following.
1) cheque presented in bank 02/08/2012
2)returned fm bank of concern 4/08/2012
3)intimation from bank received 15/08/2012
4)legal notice sent on road 31/08/2012
4) legal notice received by cheque issuer 04/09/2012
5) the same notice ack DT by me on 11/09/2012
5) 15 days time limit 15 days time fm receipt of notice expired on 19/09/2012
Case filed on court 09/10/2012
In this above matter Kindly clarify
15 days receipt of legal notice or ackment DT of postal authorities received by me on 11/09/2012
Case filing expiry is 11/10/2012 or 4/10/2012
Other party objecting not filed in time frame of 04/10/2012
Please clarify
Please clarify exact DT of expiry of filing.
kaya
28 September 2015 at 16:37
Dear sir
Kindly clarify Chq bounced on 28/11/2006
Legal notice sent asking to make payment within 15 days on 13/12/2006
15 days from above notice was 28/12/2006
Case filled and admitted in court at Chennai on 14/02/2017 without condone delay.
Now shall I object on late submission .or which way I can protest?
I am the Chq issued person..
kaya
07 September 2015 at 11:58
Prior to ordinance act ,asper supreme court order transfered case to chq issuer jurisdiction trail is going. Now last week complaints party requested judge to transfer case to complainnet place at karnataka. Judge also ordered to transfer. I infer that ordinance not invalid. What will happen ? Seeking expert opinion.where is the jurisdiction to conduct the case is it conplainent place or accused place ?
kaya
21 June 2015 at 19:42
Dear expert. Niact section 138.. Chq return memo received 2 July2012 asking payment notice registered on 31/07/2012.. Within 30 days it is correct or 30/07/2012 is correct. 30 the day may be last day or 29 days inclusive memo date../
kaya
18 June 2015 at 02:29
Cheque bounced at Chennai.notice issued within 30 days asking payment w8thin 15 days from notice date.case filed karnataka after 30 days,delay in 5 days. No condone petition filed. Now as per schedule judgement case transfered to Chennai. Hearing date given. Two hearing date gone.whether we can object now on trail. Or gross I have object. Let me know expert opinion for merit of the case.If mean while parilment passed ordinance act. If passed after hon president return to India. What will happen. Again the case will be transfered to Karnataka.
kaya
17 June 2015 at 01:29
Dear expert.My query within how many days after receiving the bank return legal notice to be sent to chq issued person?
kaya
15 April 2015 at 14:52
Sorry earlier query case from karnataka state to tamil nadu..
kaya
15 April 2015 at 14:36
Dear club members . 138 case transfered ordered on 30/09/2014. To chennai magistrate court. But chennai magistrate signed on 24/03/2015. For first hearing 16/04/2015. That is after 6 months from transfer order. I understand from supreme court judgement for jurisdiction case transfer within 30 days. Delay in condolence is allowed in above case. If not for transfer cases,whether we can file objection chennai magistrate court. Or hcourt. Please suggest.
kaya
10 March 2015 at 11:01
138 case, case filed. 2006,complaint expired due to illness in the year 2011. After filling complaint..complainant never appeared court until his life.But his council appearing. In the year 2015 Feb. Their council filling subtution petition instead his father. Lr prepared in the year 2011. After four years can legal heir can substitute to conduct in 138 case. That too father death certificate, lr authorised by her expired person wife and another daughter.in this same lr no sign for subtution daughter , simply they mentioned her name n authorised to conduct the case. No legal heir certificate submitted. More over no proof to verify all of the signed person... How can take defence . any defence pettion to be filled before trail.....
In this regard any judgement is available after 4 year can not file legal heir to conduct 138 case. OR ANY LAW.As per section 138 nI act any limitation to substitute legal heir. After complained party expiry...
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Ni act 08/10/2015
Respected members,
My case 138 cheque bounce case filed at Karnataka state in the year 2012
Various hearing going on. I requested as per supreme court order to transfer to Chennai Tamil nadu, it was not transfered. Now as per ordiance act the same case with out tranfering from original court at Karnataka can run. Or only ordiance no 2 applicable for transfered cases.