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Salil Kumar Adv   08 April 2024

when 138 complaint can be filed ?

dear sirs,
I would like to know when 138 complaint can be filed ? A statutory notice has to be sent within 30 days from the date of dishonour of cheque.15 days time should be given in the notice for payment of debt amount.after this 15 days, complaint can be filed ? please explain.


Quick Summary
A Section 138 complaint can be filed after a cheque dishonour. A statutory notice must be sent within 30 days of the dishonour, giving the debtor 15 days to pay. Once this 15-day period has passed, you can proceed with filing the private criminal complaint. It's advisable to consult resources on the Negotiable Instruments Act for detailed guidance.

 2 Replies

Mr. Sumitra kumar (Advocate)     08 April 2024

Two or three days back you put the same question before us. It is advisable to read a book on negotiable instrument act or may watch videos or read on websites which are too easy to find your answer.

 

Thank you.

 

T. Kalaiselvan, Advocate (Advocate)     08 April 2024

You can file the private criminal complaint within 30 days after that 


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