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Madhu Mittal (Director)     20 July 2021

What is the time of starting the time of of offence u/s 138 

What is the time of starting the time of of offence u/s 138  means:

"Offence under section 138 NI is completed when in spite of notice of dishonour accused fails to make payment within period of 15 days" What is the time of starting of offence u/s 138  means:

   1a) whether the time when loan is taken or 1 b) when the cheque is issued/handed over or 1 c).when the cheque is presented in the bank or 1 d). When the cheque is dishonored  or 1 e) when the 15 days completes after giving/receiving  notice of dishonor of cheque.

Or 1 f) when any act of above five is done ,

Inspite of same query at below thread, I am repeating here as some learned persons, yet to be recognized as Expert.  https://www.lawyersclubindia.com/experts/what-is-the-time-of-starting-the-time-of-of-offence-u-s-138--734491.asp



Learning

 1 Replies

minakshi bindhani   07 August 2021

Hello, Greetings of the day!

 Section 138 of the NI Act

Dishonour of Cheque is not an offence itself, but certain requisites to follow to become an offence. and one of the requirements is that if the drawer failed to pay the debt within 15days after the notice given such person shall be punishable with imprisonment for a term 2 years or more or with a fine or twice the amount.

The Supreme Court had held that if no cause of action is said to have arisen until the period of 15days elapsed.  The court is barred from taking cognizance of a complaint made before the expiry of 15days.

So the answer to the query is that after the 15days of completion Under section 138 of the NI Act, it becomes an offence.

Hope it helps

 Regards

MinakshiBindhani.

Law Student

 


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