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Notice issued on ni 138, but filed a civil suit

(Querist) 25 June 2012 This query is : Resolved 
Dear experts,

one of the plaintiff send the notice to my client (defendant) nature of the case is insufficient fund, and the plaintiff send the notice u/s 138 of NI Act, but he is filed Civil suit, it is applicable to file suit, and good was supplied via invoice by the plaintiff to defendant, half amount was paid in cash, balance half amount pay by cheque the same was dishonour, now the the plaintiff taken limitation from the date of bounced cheque date, my query is the plaintiff can take limitation from bounced date or invoice date in civil suit pls clarify me, its very urgent.
Amit Minocha (Expert) 25 June 2012
The notice received is a demand notice and can be relied upon in a civil suit as well. Date of bounce cheque can be taken as the basis for the purpose of limitation.

Sanyam Malhotra (Expert) 25 June 2012
from the date on which the cheque was dishonoured
M/s. Y-not legal services (Expert) 25 June 2012
yes. the said case is right one sir. you can not challenge in that ground.

the date of bounce also valid for limitation.

-y.not legal services-
SAINATH DEVALLA (Expert) 25 June 2012
rightly adviced by Amit
Raj Kumar Makkad (Expert) 25 June 2012
Cheque bounced date shall be considered for the calculation of limitation period.
Rajeev Kumar (Expert) 25 June 2012
Our ld.experts have already replied well. No need to add more
Advocate Bhartesh goyal (Expert) 25 June 2012
Limitation can be counted from the issuance of invoice or date of when part payment has been made or from the date of cheque bounce.
R Trivedi (Expert) 26 June 2012
Limitation period is from the date of acknowledgement of debt, which can be different from the debt of invoice. In this case it can be upto the last day of validity of cheque.

Civil suit do not require legal notice, if statutory time permits he can file the complaint under S.138 also. Both civil and criminal proceedings can move together.
M.Sheik Mohammed Ali (Querist) 26 June 2012
All the experts once again thanks for your valuable reply to my query,

but 1 Lakh Rupees paid in Hand Cash, balance amount is one cheque drawned.
JANAK RAJ VATSA (Expert) 26 June 2012
limiation period will commence from the date of dishonour of the cheque


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