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Negotiable Instruments Act

(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 yet been served on the accused. 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.
Raj Kumar Makkad (Expert) 09 November 2009
No. The complaint is within limitation because the complainant has got registered the notice and he is not expected to deliever the same to the addressee. It is his extra precaution to verify the receipt from the postal authorities otherwise he can suo motto file the complaint after the expiry of 15 days from the reasonable receipt time of his notice.
H. S. Thukral (Expert) 09 November 2009
By writing to postal authorities the complainant is only confirming service of notice and the words used by him that notice has not been served mean that he has not recevied the acknowledgement of the service.
Sachin Bhatia (Expert) 09 November 2009
No the complaint has not been filed prematurely. The complaint is within limitation.

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