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Limitation to issue notice U/s138 of NI Act

Page no : 2

sapna (self employed)     10 September 2009

Ms. Anuradha,

Even if the notice returns unclaimed, if it was addressed to the party at its last known address available with you ,the general presumption is that it was served .Better get the complaint filed, without delay ,if limitation not barred.

Shivasurya (Lawyer)     10 September 2009

Ms. Anuradha, Represent the cheque and send statutory notice within one month time and file the case against the drawee of the cheque. Dont bother about earlier notice as it was returned unclaimed. If the accused took defense regarding the two notices, he cannot prove the same that the complainant had sent two notices to him as he had not received the 1st notice and without the original 1st legal notice he cannot establish his case in respect of two notice that the 1st notice was sent of that particular dishonour of cheque, and even he cannot get copy of the notice itself. While filing your complaint you never mentioned about either earlier dishonour or the 1st notice. Dont confuse follow my opinion you will definetly get sucess in that case. If any clarification send your mail id, i will give some citations regarding the case by online my mail id shivasurya@in.com

Ravi Shankar (Manager)     26 September 2009

Dear Sir:

I have taken loan from Sbi 2 lacs as a personal loan on the base of my salary account in 2007 and i paid some installments and after that due to recession I became defaulter because i have been terminated from the company but now i got notice from court act (U/S 138 of NI act). I dnt knw what to do next because i am not working anywhere so that to pay the pending amount as it is nearly 80% balance and my tenure will end in 2011. I got it for 48 months. Please tell me what to do because i am in great depression.



Ravi Shanakar 

Adinath@Avinash Patil (advocate)     27 September 2009


Don't  worry  tell me when you issue cheque to bank, when you received notice u/s 138 of n.i. Act., what is the reason dishonur of cheque. N.I. Act section 138 .is summarry trial it is not serious offence.You can simply fight the case,don't loose your patiance, we will find out some way to acquit from oofence. Be possitive.

Ravi Shankar (Manager)     28 September 2009

On the same day of sanctioning loan i mean in 2007 they took 6 blank cheques with my signature. On those cheques they have made case for me under U/S 138 of NI act . I dnt knw what to do>>>>>>>>>>>

Ravi Shankar (Manager)     28 September 2009

There are not sufficient funds in the account was the reason of dishonour of cheque. they did not notify me they are going to send me cheque to bank. Also they dont knw where i am becasue they have not my present address they are harrasing my parents by sending these threats............  Please give me any solution

Adinath@Avinash Patil (advocate)     28 September 2009


That meance you have not received notice, if you receeoved notice u/s 138 of n.i.Act, you reply the same by stating the true facts as you stated , but question is that have you any proof that you you have issued cheques in 2007. If have any proof then it is good case for facing trial u/s 138. If  you received any notice inform us we find out soluions.

Prashant Mule (LEGAL SERVICES)     05 October 2009

I dont agree to present the cheque once again, with limited knowledge I say that, once the limitation starts you can not stop it, the limitation period started the moment you the notice u.s 138 (C) is issued.

Pawankumanand (individual)     20 May 2010

Dear sir,

                      if the complintant doesn't issue notice to the drawer,whether the case is mantainable by the court.

Pawankumanand (individual)     20 May 2010

Dera sir,

              if the notice is not served,whether the case is mantainable or not

Sunil Kumar (Others)     06 December 2010


I have recived a cheque for the extra paid amount for my flat from my builder, I have deposited that cheque in bank and it got bounced I told him orally that cheque got bounced. I requested him to pay back my money somany times he is just ignoring me any saying that I will pay after sometime. He is just passing time now it comes to one and half year still he is not paying back my money.

I want to take legal against him now. I have deposited that cheque a month back if I represent that cheque and gets bounced again I can file a cheque dishonour case against him right?

And one more problem is I took semi-finished flat and they promised me that they will maintain a good quality in construction of flat but they did not maintained any quality in construction or ammenities as said. After one months itself my flat walls got damage due to their ignorance in work. Can we take any action against them on this?


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