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RAMESH TEKWANI (TRADING BUSINESS)     22 March 2009

Time frame period under 138

i want to understand the time frame under 138-

1. cheque was bounced on 15th February  & notice was sent by Regd, Post on 25th  Feb. (within 30 days), asking the person to pay within 15 days from the date of reciept of the notice

2. let us say, person gets it latest by 4th march. So he has to pay 19th March. But he does not pay by the due date and  sends a letter through his advocate after 19th march. (after expiry of 15 days).

3. Now, what will be the date by whcih i should file the case in the court??? (a) within 30 days from the date of receipt of my notice by the person- that is: by  4th April or (b) 30days after the expiry of 15 days from the receipt of notice - that is: by 19th April?????



Learning

 7 Replies

N.K.Assumi (Advocate)     22 March 2009

Till the time the cheque is returned by the Bank unpaid, no offence under section 138 can be made out, and it is the date of dishonour of the cheque, and within 30 days of the receipt of the information to him by the bank, and commencing with the giving of the notice of demand to the drawer within 15 days of the receipt of the notice and its failure to make the payment the offence is made out.,


As per section 142 one month is the period to move the court but it can also be condoned if there is good grounds to the satisfaction of the court.

RAMESH TEKWANI (TRADING BUSINESS)     22 March 2009

Dear Mr  Assumi,


Thanks for your prompt reply.


But you have NOT cleared my alst point: as per section 142, i have to file the case in court after one month...but one month after expiry of 15 days (after receipt of my notice) or one month after date of receipt of my notice???

N.K.Assumi (Advocate)     22 March 2009

Please read my answer, it is already there.

B.N.Rajamohamed (advocate / commissioner of oaths)     22 March 2009

Inview of section 138(b) of Negotiable Instruments Act,1881 when a notice is issued to the drawer of the cheque within 30 days from the date of dishonours intimation from the bank ,with in 15 days from the date of receipt of the legal notice the drawer has to pay the cheque amount. If he does not pay it, from the next day of the expiry of 15 days grace period and within one month a complaint must be filed.


So, you have to file the complaint within 19th April .

Ashey   23 March 2009

Complaint has to be filled within one month from the date of expiry of 15 days grace period. in your case within April 19

PARVEEN DEEPAK ARYA (ADVOCATE)     23 March 2009

dear friend


you are bound to file the complaint in the competent court with in a period of 30 days to be calculated from 19th of march when the time to pay the amount expires i.e. from 20th of march and on or before 18th of april because the month of march contain 31 days  . however as per amendment the delay can be condoned for a sufficient cause shown if any.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 March 2009

I do agree with Parveen Deepak Arya. He is absolutely right.


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