Confused about the time limit


My friend - who is a lawyear himself - says that moving to court for cheque bounce case is within 30 days from the day of intimation by the bank abount the dishonour of cheque. But another lawyear says that, the time limit of moving to the court is within 30 days from the day of getting back the acknowledgement crd of the legal notice served to the drawer of the cheque.

Since both of them are qualified lawyear, I am confused. Since 15 days time to pay has to be given, and considering the time to get the dishonoured cheque in hand, drafting the legal notice, despatching the notice and drafting the suit before presenting to the court with details, please help me with the accurate time limit in filing a case U/S 138.

 
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Senior Partner

@ Author of this thread post,


1
. On receipt of the information about the dishonour of the cheque you are required to immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the proposed accused.

2. If the proposed accused does not pay the amount within 30 days from the receipt of the notice, you can file complaint under S. 138 of the Negotiatble Instrument Act.

3. The said complaint is to be filed within one month on the expiry of 30 days period of notice.
 

 
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it is 30-15-30 days:

>within 30 days of receipt of info of chq bounce, serve notice u/s 138b

>payment to be made within 15 days of the date of notice

>if no payment is made, 'cause of action' arises. within 30 days (of expiry of 15 days notice), file a case.

 
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dear member

i think the limitation starts from the date of despatch of the notice.

yours

v.lakshminarayanan

palani

 
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