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Akshay Naykodi   21 May 2023

Sec 138 of n i act

If the notice under sec 138 of N. I. Act is returned as unclaimed. When does the cause of action start? After 15 days of receiving the notice as unclaimed to sender?



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     21 May 2023

It will be 15 days from the date of receipt of the returned undelivered legal notice.

The 30 days limitation period for filing the private criminal complaint under section 200 Cr.p.c., for the offence under section 138 of NI Act will begin from the above said date.

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Akshay Naykodi   21 May 2023

Sir is there any case law in particular

T. Kalaiselvan, Advocate (Advocate)     21 May 2023

It is the position of law.

You can go through section 138 of NI Act in which it is clearly given.

Citations are not required for provisions of law 

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