Hi,
Can anyone please advice me on the below:
I'm fighting a cheque bounce case with someone who had given me blank cheques for the loan taken and subsequently bounced. The case is in the final argument stage but there is a loophole in my arguement. that is - I had sent a notice letter on my own to the person giving one week time to pay up thru courier which he had recieved it on 13.08.2013 for which he didnt respond. Second time I send a notice from a lawyer on 14.08.2013 thru speed post which he received it on 17.08.2013 and replied also. Based on his reply i filed a case under NI Act on 30.09.2013. Now, while filing case as per NI Act one should file a case within 45 days so I calculated days from the second notice letter which he got on 17.08.2013. The accused lawyer arguing that the case should have been filed before 27.09.2013 considering the first notice receipt date. and this is filed three days later on 30.09.2013 so not fulfulling 45 days criteria. Please see below and kindly advice is there time limitation point applies.
Cheque bounced on 25.07.2013
First notice sent dt - 08.08.2013 delivered on 13.08.2013
Second notice sent dt - 14-08-2013 delivered on 17.08.2013
Case filed on 30.09.2013
