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Salil Kumar Adv   03 April 2024

138 Negotiable Instruments Act

Dear Sir,
Within how many days, a statutory Notice u/s 138 Negotiable Instruments Act is to be filed, from the date of dishonour of cheque ?
if the cheque is dishonoured 3 times, ie,21-December-23, 15 - March- 24, and 19-March- 24, within which date notice u/s 138 has to be filed ?


Learning

 5 Replies

Mr. Sumitra kumar (Advocate)     03 April 2024

Within 30 days from the date of receipt of information from the bank regarding the return of cheque as unpaid a notice should be given which is called demand notice.  Cause of action arises when 15 days expires from the date of receipt of notice by the defendant.

 

Thank you.

Advocate Bhartesh goyal (advocate)     03 April 2024

Notice u/sec 138 b of N.I.Act should be issed within 30 days of receipt of cheque return memo.in your case , you can issue notice upto 18th April  2924 as your cheque dishonoured on 19 march and you got intimation on same day.

Salil Kumar Adv   03 April 2024

Thank you sirs

T. Kalaiselvan, Advocate (Advocate)     04 April 2024

Rightly advised by experts above, you can send a statutory demand notice within 30 dys from the last date of the return of the dishonored cheque by bank 

Dr. J C Vashista (Advocate )     04 April 2024

30 days from last dishonour memo issued by banker.


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