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sripartha (advocate )     21 February 2018

Cheque notice returned unclaimed - limitation to file case

a  138 notice was sent on 05.01.2018, it was initmated to the accused family on 08.01.2018 by postal department to recieve notice from the postal department. since the accused did not claim it .the notice  was retuned to the advocate on 16.01.2018 as unclaimed, what is the last date that the date the complainanat can file the case before the court.



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 1 Replies

R.Ramachandran (Advocate)     21 February 2018

It will be deemed that the notice was receied by the addressee on 8.1.2018.  The 15 days notice period for making good of the money contained in the cheque will expire on 23.1.2018.

The limitation of 30 days to file the 138 complaint would count from 23.1.2018 and that period is coming to an end today 21.2.2018.  The complaint has to be filed today to beat the limitation.


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