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Sanjaycase (service)     11 March 2013

Actual end of notice period

The notice sent for 138 (Check bounced senario) to the issuer on available office address via Registered AD.

As the company office is closed without any official notification to me, as expected the registered AD came back not claimed.

Given the senario that I only have one address that is company address with me, and there is no official commuication from company about any other address for correspondnace,  I am assuming my duty of sending the notice to issuer company is done. Please confirm if this is correct.

Another question is about the end of notice period. When the notice period of 15 days ends ?

A)  Date when post attempts first delivery + 15 days

B) Date when post attempts final (Second) delivery + 15 days

C) Date when the post sends the letter back to me as not claimed + 15 days

D) Date when I received the AD back as not claimed + 15 days

My assumption is safter date to consider is D, but need clear legal openion.

Thansk in advance.



Learning

 5 Replies

jitendra yadav (ADVOCATE)     11 March 2013

sir,

  normally counting starts from date written on the evelope or AD card + 15 days statutory demand notice. 

ashok kumar (Social Worker)     13 March 2013

Dear Sanjay

When any law is made it does not specifically cover lot of fine nitty gritties but they have to be evoved by referring to teh legislative intent while bringing that law. The reason is very simple! People who are making the laws decide that there is a need to make law on a particular subject tbut they hardly are the right people with teh right knowledge

The negotiable Instruments Act is one such pice of legislation

Now for example when this Negotiable Instruments Act sections related to teh Cheques were introduced, they covered only 1 reason "Insufficieny of Funds" and due to this lot of accused tried to take advantage by making Stop Payments, Signature Differrence, Closing teh Account etc

 

If u go by the strict defenition or the condition then to attract Section 138 only teh Insufficiency of funds was a valid reason but if that logic is accpted the purpose of the Act would be defeated so teh SC gave teh interpretation of teh Act and covered almost every rason for cheque bounce in Section 138 quoting legislative intent as teh basis!

 

Had the Act been drafted by a team of Senior Bankers and Lawyers it would have been a different thing and then they would have probably included every possible reason that was later on added by teh SC 

 

 

Rearding the 15 days period Section 138 (c) of teh Act uses teh words "within fifteen days of the receipt of the said notice." It is silent upon teh other eventuality i.e. What happens when teh Notice is not recieved!

The word notice in general use in Law means when it comes to your knowledge. And when does a Regd AD being returned comes to your knowledge? When you recieve it back!

So what u have answered is correct. As u sadi "My assumption is safter date to consider is D, "

Regarding your first question the answer is simple

Whne you obtained thecheque from teh Company it must be doing its business from a particular place! Sending a notice at that address is sufficient!

Sanjaycase (service)     15 March 2013

Thanks you both for the inputs.

So to avoid any errors in my calculations and my understanding. Let me give more inputs and request inputs from you.

1 ) Register AD was sent within 2 days of check bounce note received from bank.

2) The registered AD attempted first delivery on 2nd Feb and second on 4th Feb. It came back to me on 14th Feb.

3) The earlist possible: Last date in such case for me to file the case is

2nd Feb + 15 days notice = 17th Feb. Later 1 month notice period i.e. 18th Feb to 19th March As Feb has 28 days.

I am considering 30th day as available for me to file the case. It this safe and correct calculation ?

 

Thanks,

Sandeep

ashok kumar (Social Worker)     16 March 2013

Dear Sanjay

U have still not given teh entire facts!

U let me know exactly the date on which u idspatched teh Regd Notice 

Sanjaycase (service)     18 March 2013

Thanks Sanjay for your detailed explaination. 

Register AD was done on 29th Jan.


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