Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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limitation for filing complaint us 138 NI Act

(Querist) 28 January 2011 This query is : Resolved 
R/Experts
Notice was sent on 14/12/2010,no acknowledgement/receipt was received back regarding delievery of Regd ad.what is last date /limitation for filing complaint us 138 NI Act.Kindly suggest.Thanks
s.subramanian (Expert) 29 January 2011
You have to address a complaint of non receipt of the postal acknolwedgement to the Postal authorities and in turn they will send you a reply containing the details of the date of service of the legal notice. That reply can be used for the purpose of arriving at the date of limitation.
Advocate. Arunagiri (Expert) 29 January 2011
You can do that as suggested by Mr.SS.

The SC had held that if the RPAD cover was not returned nor you have not received the acknowledgment in a reasonable time, it is deemed as if it was serviced.

Reasonable time = Time taken for transit and maximum days / time taken for the postal authority to deliver in case the door is locked.
DEFENSE ADVOCATE.-firmaction@g (Expert) 29 January 2011
So normally your complaint is time barred , apply for condonation of delay after receiept of postal reply.
Ajay Bansal (Expert) 29 January 2011
AGREED WITH ARUNAGIRI.


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