138 Negotiable Instrument Act

Chetan (Querist) 28 January 2010 This query is : Resolved
That I had sent notice u/s 138 at three different places

2 - at Hydrabad and
1 - at Assam

my client is residing in MP.

Out of three notices following remarks has been made by the Postal Dept.

Notice No. 1 - Addressee Left Dt. 11/12/09
Notice No. 2 - Uncliamed 17/12/09

About Notice No. 3 I did not received postal acknowledgment yet, whereas I had made a complaint to the postal Dept. they write me that they will enquire it and inform me shortly.

My question whether i have to Lodge Complaint u/s 138 if yes then what will be the last dt. of Filing of it.

Or shall I wait for Reply from postal Dept.
Pls----------

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Arvind Singh Chauhan (Expert) 28 January 2010
Don't wait to postal department. Don't let the matter time barred. Receipt of registry is enough to proceed.

anantha krishna n.v. Advocate (Expert) 28 January 2010
take 17.12.2009 as date of receipt as Unclaimed is equal to delivery.
15 days from 17/12 is when you can file and within 30 days from that date. Put it simple you need to file the complaint between 15 adn 45 days after 17.12.2009.

Sachin Bhatia (Expert) 28 January 2010
Don't wait for postal acknowledgment, file a complaint with in limitation otherwise the matter will be time barred.

Raj Kumar Makkad (Expert) 28 January 2010
I do agree with Krishna.

Adinath@Avinash Patil (Expert) 29 January 2010
I AGREE WITH ABOVE ALL EXPERTS

Guest (Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com

B K Raghavendra Rao (Expert) 31 January 2010

The date unclaimed is 17.12.2009. Time meter starts from the next day i.e. 18.12.2009. You need to wait for 15 days for payment i.e. up to 02.01.2010. You have to file complaint under Section 138 of NI Act within one month from thereafter i.e. on or before 01.02.2010.

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