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pawan (director)     29 August 2012

Ni 138

a)what is the time frame to file case after notice .b)what if the notice returned back with remarks " no such comapny" and actually company is still there.c) Notice is alsoserved by email



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 2 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     29 August 2012

The general rule in this regard is as follows...

1. you send legal notice in partcular date i.e. 01/08/2012

2. opponent recieved or was supposed to be recived after some time from posting the above notice i.e. 05/08/2012.

3. now opponent is suppose to make the cheque payment to you within 15 days from reciept of notice , up to 20/08/2012.

4. you can file case against him at any time from 21/08/2012 to 20/09/2012.

R Trivedi (advocate.dma@gmail.com)     02 September 2012

I will add a word of caution. Court may insist proper receipt of notice by drawer. Postal remarks like "no such company" irrespective of factual matter, may be fatal for complainant. Complainant should ensure or show due dilligence in sending the notice and should not take it lightly. Courts many a times unwittingly end up acquitting offenders.  


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