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Due date for notice and file a case 138 ni act

Page no : 2

Pranav S. Thakkar (advocate)     07 October 2011

Mr. Prakash ,

     I update today my guideline, because yesterday was festival day.

     you have complited the requirements before filing complaint. So, now it is time to file the complaint,

     If you need anymore help u can ask, but I need to know have u a lawyer for ur case or not? Because you need to have a Lawyer, because At this stage you need to have Lawyer, Becuase it is need of both side , complainant and accused.

    To fie Complaint is an art of lawyer by knowledge of Law and Technical points to keep in mind while drafting of Complaint.So, honestly saying Get a Lawyer!

    For further Guideline , ask me on given cell no.

   Go Ahead ....Best Of Luck....!

Prakash (Director)     07 October 2011

Dear sir,

Thank you for your update.

Please clarify, how the due date is on 30th October , my advocate told me that due date is 30th September 2011.  Regards Prakash.

Prakash (Director)     07 October 2011

Hi Pranav,

Thank you for your update .

Yes , i have one Advocate who is practicing in Banglaore but not expert in NIA but he is very expert in handling criminal cases. I would like to use this forum for update my knowledge and to get confirm whether we are going on rigth path  or direction.

we have failied a complaint in delay condonation and i am not sure, How does it works. 

Many thanks in advance to you all.



Pranav S. Thakkar (advocate)     10 October 2011

Mr. Prakash!

  Now, after sending notice, the stage is to file a complaint.

 Do not worry about delay to file a case. If court need reasons then you ( your advocate )can give reasons and your advocate is Good to handle criminal case is Good enough. But, you can also to be open minded to engage new advocate as expert to all procedures. Because in this type  of cases accused may get benifit of technical points and you may loose the case.

 So, you know that the reason of delay to file ur case is LACK OF KNOWLEDGE of advocate. Ya, We are alltime helpful to you. But for your better  care of your case it requires Expert Advocate on N .I. ACT I have been trained wwith the expert advocate of THE N.I. ACT. So, what i can share with you , that credit goes to my learned senior Advocate being At Ahmedabad, Mr. Anil Kapkar.

 So, need of Expert Advocate of The N. I. Act is must in my sense, as i am concering to case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 October 2011

Stop worrying works in Dale carnegie books only. The court will issue notice to other side for delay condonation and only after hearing him it will be decided. Naturally he will  also have expert criminal lawyers.

Pl cool your heals and go through the process , no hurry since the matter may end up in higher courts for issue of process only. The accused will try all methods available in law.

Prakash (Director)     10 October 2011


Thank you for your advice and i have appointed an advocate and it is filed on 1st of October 2011 , (2 days delay). Kindly advice if he is not bothered to appear to the case becuase he was not bothered to reply to my notice also. 

How many time will the court intimate to the accused before take up this case for next level?

Regards. -Prakash.

Pranav S. Thakkar (advocate)     11 October 2011

Mr. Prakash,

 After 7 days, Here I come to knowledge that ur Lawyer have filed the complaint. Now u r to ask him frequently that "what is next?" After process free the court will issue summons to the accused and you are to appear in each n every date. Pl. know and inform me, Mr. Prakash,  Which date is give to you to appear? Becuase if complainant is absent ur case may be lost. Now BE CAREFUL, to your case! You can be in frequent contact about what is the next stage.....! You need to appear in the court..otherwise compalint may be dismissed by court u/s 256(1) in this summons case..!

Prakash (Director)     11 October 2011

Hi Mr. Pranav ,

Thank you for you advice and my next hearing date is 14th November 2011. I will call you tomorrow evening after 6 pm since you will be busy with your work during working hours and in the mean time  please note my personal email : .  Also, i request you to give your email address which will help us to exchange of the imp. points.  i keep asking your advice and disturb you all.   thank you and bye. Prakash.


V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 October 2011

IT IS 30-9  

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     19 October 2011

Originally posted by :SHROFF
Due date of filing complaint is 30 sept, however for valid reasons you can apply for delay condonation 

No Summons issued for notice to reply before granting delay application, and it delay issuing process, so advised to file complaint at ur earliest. 

Pranav S. Thakkar (advocate)     17 November 2011

Mr. prakash...

 Me is back to work after holidays....what happened to ur complaint 14 November?

rajeshkumar   05 June 2016

Where date of receipt of dishonor information and memo of dishonor is 31st March and legal notice sent on 30th of april 2016, whether first date on which the information of dishonor is received will be excluded or included? Pls cite judgment references while providing answers.

shekhar (proietor)     07 June 2016

can i get cost of notice and cost of dishounor of cheque deducted by bank from my account, even if party pays amount in 15 days? can i demand for , as cheque is dishounered my goodwill in bank and discreadit in market? ( this is important)notice sent by 1) courier 2) email is valid or not? .

shekhar (proietor)     07 June 2016

notice sent by 1) courier 2) email is valid or not?

nitingupta   29 October 2018


While calculating 30 days time of sending demand notice, can we exclude public holidays ?
Any judgement decided in SC or any HC.
Please let me know
Nitin Gupta Adv.

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