138 of nia
aarjun vhajage
(Querist) 10 January 2015
This query is : Resolved
I MADE A MISTAKE IN COUNTING THE DAYS. PERIOD OF DEMAND NOTICE IS 15 DAYS. BUT I COUNTED 14 DAYS. BUT COMPLIANT IS FILED IN TIME LIMIT. HOW CAN I RECTIFY IT? STAGE: TO SUBMIT THE EVIDENCE AFFIDAVIT ON NEXT DATE. IS THE ANY PROVISION TO RECTIFY THE PRINTING / ARITHMETICAL MISTAKE?
Advocate Bhartesh goyal
(Expert) 10 January 2015
If complaint has been filed in limitation period then said mistake will not make any effect on merit of case
manoj joshi
(Expert) 10 January 2015
BROTHER,ACCORDING TO SEC 138 OF N.I. ACT YOUR COMPLAINT IS TIME BARED HENCE IT WILL BE REJECTED AT SOON AS COME IN TO KNOWLEDGE OF OPPOSITE PARTY
Rajendra K Goyal
(Expert) 10 January 2015
Agree with the expert Devajyoti Barman.
aarjun vhajage
(Querist) 14 January 2015
I filed the complaint in limitation. And accused didnt accepted the notice. Though there is question of 15 days period to make the payment?
V R SHROFF
(Expert) 14 January 2015
when chq bounced? when u came to know?
what is date printed on your notice?
when was it posted: date stamp of postal dept?
did accused recd it? on wh date
did u mentioned in your written legal notice the date you received chq return memo? what is dated by bank? when u came to know... is grey area to accommodate you.......
when complant lodged in court dt?
Give details & will sort out....
OK
V R SHROFF
(Expert) 14 January 2015
QQQPERIOD OF DEMAND NOTICE IS 15 DAYS. ??
ANS:: no
it is 30 days ...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2015
It all depends on the advocate of the accused.
I have seen unlimited no of cases at all places where rarely there is correct notice. There are lapses and and mistakes and mistakes.
But once the accused in plea or 313 statement and do not raise objection it amounts to admission and mistakes are glossed over.
aarjun vhajage
(Querist) 14 January 2015
a) The cheque deposited on dated 08/03/2013.
b) The said cheque returned dishonoured as per drawee bank, intimation letter received on 09/03/2013.
c) The complainant advocate issued the legal demand notice on 15/03/2013.
d) The intimation of legal demand notice was delivered to the accused on 18/03/2013.
e) The period of 15 days from the receipt of the said demand notice completed on 01/04/2014.
f) the offence occurred on 02/04/2013.
g) Limitation of filing the complaint is till 01/05/2013.
+++++COMPLAINT IS FILLED ON 29/04/2013++++
ABOVE DAYS CALCULATIONS ARE RIGHT?
aarjun vhajage
(Querist) 17 January 2015
Adv. Bhartesh goyal, thank you so much for your reply. May I know any citation or provision that i can show in court if any question will arise?
