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Realsolutions (Advocate)     07 March 2008

SEC.138 FILING PROCEDURES

NEGOTIABLE INSTRUMENT ACT 1938 FUNDAMENTALS:

CALENDAR OF DATES FOR FILING OF CASE
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT.

1. Suppose date is 1st Jan. 2004 when the cheque is drawn
favour of the company.

2. The cheque must be submitted before 30th June 2004 within
six months of the date of drawing of the cheque.

3. Suppose the bank intimates on 1st July, 2004 that the
cheque is bounced and the date of receipt of such bank
intimation is 1st July, 2004 .

4. The company has to be very vigilant and give the notice for
payment of the money within 15 days of the receipt of the
intimation from the bank. Thus the company has to give
notice latest by 15th July, 2004.

5. The notice must be sent by Registered A/D. The A/D card
shall contain the date on which the notice has been
received by the person whose cheque has bounced.

6. The company shall give 15 days time to the drawer of the
cheque from the date of receipt of such intimation.

7. Suppose the receipt of notice is 30th July 2004 then the
drawer must be give money latest by 15th August 2004.

8. If the person does not give money by 15 August 2004 then a
complaint before the concerned magistrate must be filed
within one month of the expiry of 15 days time given to the
drawer of the cheque for payment of money.
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 7 Replies

SANJAY DIXIT (Advocate)     07 March 2008

Nice presentation. Thanks Sriram.

Kalpana.S (-)     07 March 2008

Thanks

Guest (n/a)     10 March 2008

HELLO Sriram I want to tell u latest amendment in the 138 matter. your para no. 4 contains that within 15 days notice should be given to drawer. In this case the amendment was carried out the period is increased to 30 days. Thanking you.

Atul Bhuchar (LAWYER)     15 March 2008

hello Sriram nice presentation...however a small error(inadvertent no doubt but anerror nonetheless) at point 4. you have said that notice after bouncing of the cheque has to be sent within 15 days. This is not so. After the amendment of 2002, the period of sending the notice after the bouncing of the cheque has been increased from 15 days to 30 days. This is for your information and of all concerned

Shree. ( Advocate.)     16 March 2008

Dear sir, Thx for ur valid suggestion.

Ashey   03 April 2009

And validity period for each cheques varies .. for example .. postal a/c cheques validity period is only 3 months ...

dr g balakrishnan (advocate/counsel supreme court)     09 October 2016

Today 138 complaint is ok provided yr cheque is negotiated with within 90 days of the issue of the cheque pls is the only correction,


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