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Nitin (Professional)     16 May 2009

Section 138

On bouncing of cheques, I gave two notices,about 15 days apart, to the drawer by Registered A/D. My advocate says that, issuing two notices, will go agaist our case. Is that so, how ? and why ?

Nitinbhai

 



 9 Replies

Swami Sadashiva Brahmendra Sar (Nil)     16 May 2009

it will not go against you.but do not delay in filing a complaint before magistrate.

PARVEEN DEEPAK ARYA (ADVOCATE)     16 May 2009

you have not cleared that how many cheques you possess .you can serve separate notice for each dishonored cheque otherwise you may serve one notice for one or more dishonored cheques   of the same party .

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2009

Cause of action to file the complaint u/s 138 of Ni Act arises after the 15th day from  the date of receipt of notice only.  When u have given two notices first notice will have to be considered to file the complaint within limitation.

k.kumar raja (advocate)     18 May 2009

   RAJIV S VARDALL IS CORRECT.

Swami Sadashiva Brahmendra Sar (Nil)     18 May 2009

yes. limitation shall start after 15 days from the date of reciept of first notice

Nishith P Thakkar (lawyer)     20 May 2009

 issusing of same notice and sending the same by way of u p c and additionaly by  rp ad is precautionary mesure, if one of that two , is not legally served the other would serve the purpose. legally it is not a bounty or restriction of issusing of two notice, rather sending of same notice by two different mode of process, the correct time limitation is the filling of the complaint between 16 th day to 45 th day after the  first service of notice.   

2 Like

Nishith P Thakkar (lawyer)     20 May 2009

 please notice that the cause of action arrises on the service of first notice and not the second . so if the second  notice is issued after the 15 the day of first notice the same soes not create any sence in the eye of  criminal law i.e. for the purpose of N I ACT

1 Like

V.S.R.Deekshitulu (B.Sc, B.L)     20 May 2009

There is no rule that a combined notice shall be issued. As suggested you can file one complaint clubbing the cheques and see that the complaint is in time.  It is not correct to say seperate notice is wrong.

Sid-D12345 (advocatessd@yahoo.com)     13 May 2011

There is a new judgement passed by the Court in this year April 2011 regarding filing of the complaint that while calulating the limitation the date of cause of action is to be excluded. I'm sorry i don't remember which court passed that order but probably by some H.C.


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