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RR BHARDWAJ (SR. OFFICER)     16 August 2013

Section 138 (c) of ni act 1881

Cheque was presented to the Bank within prescribed limit,got bounced.A legal notice was sent on 09.12.2011 to the Person issued the Cheque.

The Nitice received back on 16.12.2011 With Postman Coment " repeatedly gone but not found"

A complaint was filed on 23.12.2011. 

Section 138 (C) says "

 

" (C) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in the due course of the cheque,within fifteen days of the receipt of the said notice."

 

The court issues notice to the drawer of the cheque on 26.05.2012.

 

Does this amount to be : Premature filling of the Case.

Request all learned expert give their concreat supportive authority if any..

 

 

 



Learning

 4 Replies

manoj gautam (advocate)     16 August 2013

yes as per the dates you provide here clearly shows that this case is filed as premature.....beacause cause of action arised on 16th day of receving notice/or deny to receive notice.... and this case has been filed in court before date of cause of action so it is premature....

Kolla Gangadhar (Practicing Advocate since 1986)     16 August 2013

You can take back case filed under 200 Cr.P.C. for offence under Section 138 N.I. Act, and represent after expiry of 15 days of last date on which post man written on postal cover that addressee is gone out but not found from that date limittion startes.

Raja Mani.K (Advocate)     17 August 2013

Mr. Bhartwaj, 

You had sufficient time to file your case i.e 15/01/2012, but you had filed at the earliest. I feel that we could not treat it as a premature complaint, because the act is very clear that "within fifteen days from the date of receipt of the notice. In your case, the notice was not received by him, hence to interpret or take advantage of this clause is not warranted. So according to me, this is not a premature filing.

The act giving sufficient time, if you used it, at least you have to find his correct address. Law will always help the people, who using it properly.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 August 2013

when court issue notice then there is no problem. but if the court reject/ dismissed the complaint then need the case law


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