N.i.act urgent

Advocate Rajiv Mishra (Querist) 11 November 2011 This query is : Resolved
Sirs,
Demand notice send on 23.9.11,returned unclaimed on 4.10.11,kindly suggest is there time rest or lapsed to file the complaint or should i go for delay condonation?

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Piyush Vaishnava (Expert) 11 November 2011
time is lapsed, you should have to go for delay condonation.

Nadeem Qureshi (Expert) 11 November 2011
Dear rajeev Mishra
as per section 138 NI Act
time start from the recipt of the notice

ajay sethi (Expert) 11 November 2011
if demand notice returned on 4th october the accused had time till 19th october to make payment . you can file complaint till 19th november 2011 . no need for delay condonation .

Nadeem Qureshi (Expert) 11 November 2011
when the notice return unclaimed and 30 days time period not over from the recipt of memo then you can send again. for limitation

Nadeem Qureshi (Expert) 11 November 2011
Mr. rathi is also right

Shonee Kapoor (Expert) 11 November 2011
Agreed with Mr. Sethi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate Rajiv Mishra (Querist) 11 November 2011
Thanks all.

prabhakar singh (Expert) 11 November 2011
Mr. Sethi is right

Jebaraj Jasper Jacob (Expert) 13 November 2011
First you have to see the postal dept endorsement as to when the intimation about notice was served on the defaulter and how days the notice was kept by the postal dept and when it was finally returned to you. The grace time of fifteen days for making payment by the drawer of the cheque starts from the date of refusal and you have to file complaint with in thirty days after the expiry of the grace period.

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