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TIME LIMITATION

Querist : Anonymous (Querist) 09 September 2010 This query is : Resolved 
CHEQUE DISHONORED-05-01-2001
NOTICE SEND ON - 13-01-2001
SUIT FILED ON - 15-03-2001
IS THE TIME LIMIT TO FILE A CASE UNDER SECTION 138 N.I.ACT LAPSED? ACCUSED COUNSEL DON'T RAISES THIS POINT AND ACCUSED WAS CONVICTED BY LOWER COURT IN 2008. NOW THE APPEAL IS IN SESSION COURT. WHETHER THE CASE CAN BE QUASHED U/S 482 IN HIGH COURT AT THIS STAGE ?
Prakash Langalia (Expert) 09 September 2010
you have not stated on which date notice received to the accused.15 days after that date..within 30 days complaint must be filed so, complaint might be within prescribed time limit.
M/s. Y-not legal services (Expert) 09 September 2010
Quash procedure for trial proceedings only.. Not for appeals. I think so..
nayan joshi (Expert) 10 September 2010
pl clear your vision, when accused accept your notice?? once your notice has been served, then time limit start for proceedings for N.I.Act. once notice has been served complainant have 15days for notice period and then 30 days for file his complaint.. if he filed his case in prescribed time limit, accused cannot challenge time limit..
adv. rajeev ( rajoo ) (Expert) 10 September 2010
I agree with tom. You have not stated the date of receipt of notice by the accused. If mandatory period of 15 days is not given then judgement will be set aside, but in your case you have 15/3/2001., so mandatory provision is followed by you.
R.Ranganathan (Expert) 10 September 2010
I agree with Prakash and rajeev. Please follow it. If there is limitation, the courts will generally automatically even without any plea from the other party, dismiss the case stating that it is barred by limitation.
B.B.R.Goud. (Expert) 10 September 2010
i do agree with learned counsel friends.
Ajay Bansal (Expert) 10 September 2010
acused can be aquited on the ground of delay even in appeal.
Uma parameswaran (Expert) 10 September 2010
I am supporting the above views.
s.subramanian (Expert) 11 September 2010
The time limit prescribed under Sec.138 is a statutory mandate and the same has to be followed by the parties and the courts strictly. No exception is allowable. If there is lapse in this regard,the prosecution will have to fail invariably.You have to thrash out this point in the appeal only. Once the trial court renders its verdict,the right of the accused to resort to Sec.482 Cr.P.C. comes to an end.You cannot approach the high court for quashing anymore.


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