section 138 of negotiable instrument act

shraddha Shukla (Querist) 21 June 2011 This query is : Resolved
Dear all,

with respect to cheque dishonor What if we have issued a notice with 15 days time period demanding payment. but the other party replies to the notice after 25 days. we have not yet initiated a complaint yet ...

can we institute the complaint and say that the reply was made after the time given for the same...

kindly advice
Thanks in advance
Shraddha Shukla

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Ajay Bansal (Expert) 21 June 2011
A criminal complaint u/s 138 N.I. act can be filed within 30 days of expiary of the 15 days notice period. So you can file complaint presently with no fear.

Sankaranarayanan (Expert) 21 June 2011
yes respected mr ajay bansal's guideness is correct.

Guest (Expert) 21 June 2011
you can file the case within 45 days of the issue of the notice but after the 15 days of the issue of the notice.

shraddha Shukla (Querist) 21 June 2011
do we need to reply the reply of notice send by the drawer if the same is send to us after the 15 days period or should we proceed with filing the complaint without considering the reply received.

Ravikant Soni (Expert) 21 June 2011
Reply of notice gives you a evidence of acceptance of your legal notice under section 138.

shraddha Shukla (Querist) 21 June 2011
Let me clarify my point further:
I have sent a notice for dishonor on 09.05.11 demanding payment in 15 days. I have receives a reply from then 19.06.11. should i reply to the reply received or should i institute the case without replying the notice.

Thanks in advance

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 June 2011
thanks in advance , NI 138 accused have good chance to win.

R.Ramachandran (Expert) 21 June 2011
Dear Shraddha,
You are not supposed to indulge in notice, reply, counter reply etc.
If in response to your notice u/s. 138 NI Act, the notice has not paid the money, then you have to file a complaint, instead of wasting time in thinking about replying to the reply of the noticee etc. If you indulge like this, then your chance to file the case within the stipulated time will expire and you will not be able to file the complaint.