cpc

notice

Junior Lawyer

Respected members,

we had issued notice u/s 138 but by mistake date was not written on notice, now my query is :-

(whether  we can satisfy court while verification or cross that since the date was not written can the date on which the notice was sent by REGD A.D & UCP be taken as notice date, I would request memebers to provide me with citation  to that effect

Thanx

Bindu

 

 
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Advocate

The date of Postal Receit can be taken as the Date of issue of Notice. However, the court is concerned with the Delivery Date as the borrower is required to make the payment within 15 days of the receipt of notice.

 
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Junior Lawyer

Please guide me with citation i want to save my client, the complainant actually its our mistake


 

 
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Advocate

Be rest assured. No citation is needed.Notice date is immaterial. No mistake has been done by you.

 
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Junior Lawyer

Thanx Sir

 
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mr. vijai kumar is right

 
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advocate / commissioner of oaths

Certainly. Because, the date on which iyou post the notice will be considered for computing the limitation undersection 138(b) of the Act, not the date you mention on the legal notice. So, you can convince the court as you say.

 
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independent lawyer

Respected forum

the cheques were dishonored on 29 july 2009 and the notice was sent on 29 Aug, 2009. The client approached lately, saying the accused contacted him orally after the dishonor of cheques and requested him to wait for 5 days, within which he shall pay the total amount of dishonored cheques by cash. Therefore, he approached me, later, on 28 August 2009. If we count the limitation period for issuance of notice, the notice remains invalid.

 

My query is , is the notice still legal and can it be stated within limitation. IF the notice is not within limitation, is there any other way or solution, to solve this technical problem. I really want to help the complainant. The case is genuine.

Regards,

Anuradha

 
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advocate

Your notice dated 29th August is wel within thirty days,the limitation starts from the next day of receiving cheque  with dishonour .. Now be prompt after receiving your notice by opposit party you have to wait 15 days there after  you can file complain u/s.138 of N.I. Act.

 
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