138 Negotiable Instrument Act
Chetan
(Querist) 10 July 2009
This query is : Resolved
A person handover me the notice send by the another Advocate u/s 138. after perusing it is found that the delay of about 80 days
Now, 1) can I file a Civiil Suit for Recovey of Money
2) Can I file a summary suit
3) can a I made application for condonatio of delay, if yes pls provide the citation
Regards
PALNITKAR V.V.
(Expert) 10 July 2009
You can file a civil summary suit for recovery. The delay can not be condoned for a case u/s 138.
SHYAMSUNDAR
(Expert) 11 July 2009
You can avail the remedy of civil Suit at any instance of time.
the Delay of 80 days even can be condoned if you have a sufficient cause.
Ravi Arora
(Expert) 11 July 2009
yes ld brother shyam sunder is right i do agree
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 July 2009
U should file an application for condonation of delay, alongwith the complaint u/s 138 NI Act, wherein you should mention the sufficient reason of delay, if the judge satisfies then he would allow ur application. Otherwise u can move to suit for recovery. The limitation period for that is three years from the date of knowledge. For more query u can contact me at_rakhibudhiraja@gmail.com
Mb.-09871158578/09711364956
