(Querist) 09 November 2009
This query is : Resolved
Respected Experts and Seniors.
In a trial under N.I.Act, I am appearing on behalf of the Accused. I have taken a defence plea that the complaint is premature and is liable to be dismissed.
In the present case the complainant has avered in the complaint that he had send the notice by registered post with A/D. But neither the A/D nor the postal cover has been received by him and he has lodged a complaint before the Postal Authorities.
The complainant amongst other document has exhibited the Notice and the letter (complaint to te Postal Authorities).
Pls note that the notice is dated 06.09.08 and the postal complaint is dated 25.09.09. It is pertinent to mention here that in the letter dated 25.09.08 the complainant has categorically stated that the letter has not been served on the accused and the complaint has been filed on 04.10.2009.
Please bear in mind the dates.
My query is : Whether the complaint has been filed prematurely.