NI ACT 138

kaya (Querist) 28 September 2015 This query is : Resolved
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..

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SAINATH DEVALLA (Expert) 28 September 2015
Its not 15 days from the date mentioned in the notice but 15 days from the date of receipt of the notice by the accused.

kaya (Querist) 28 September 2015
Thank u Mr sainath devalla .notice received 3/01/2007 complaint confirmed in affidavit.. Even though 02/02/2007. But it was filed in the court on 14/02/2007. There is 12 days delay..without condone delay application filed.

K.S.Srinivas (Expert) 29 September 2015
You can pray for dismissal of the petition, as there is delay in filing the petition and also condonation petition was not filed.

SAINATH DEVALLA (Expert) 29 September 2015
Confirm whether condonation of delay has been granted by the court to the complainant.

H.M.Patnaik (Expert) 29 September 2015
Pl. answer the query of Mr. Devalla for reply.

kaya (Querist) 29 September 2015
Respected devalla. No prayer in affidavit at the time of filing. And till date.no condonation delay not allowed by court.

SAINATH DEVALLA (Expert) 30 September 2015
Better check from the court and come to a conclusion

T. Kalaiselvan, Advocate (Expert) 04 October 2015
Why was this matter not pointed to the court till date i.e., for almost 8 years or more, why was this matter allowed to be proceed without objecting or filing a discharge petition or quash petition on the same grounds?.
It can be object ed even now, try your luck.

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