138 u/s NIT

Dirgesh kumar sharma (Querist) 14 January 2010 This query is : Resolved
Sir,

cheque dishonured date 24-10-2009
notice served date 21-12-2009
in beetween 59 days.
notice recived date 24-12-2009
I want filling complain.
Plese see the any way.

I am weating.........sir.

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N RAMESH. (Expert) 15 January 2010
Notice to be issued within 30 days of intimation of dishonour u/sec 138(b).

No way.

Adinath@Avinash Patil (Expert) 15 January 2010
Notice Issued after the prescribed period [i.e.after 30 days]hence complaint is not maintainable u/s 138 of N.I.Act.
There is only way to file civil suit for recovery of cheque amount.

Arvind Singh Chauhan (Expert) 15 January 2010
I agree with Ramesh and Patil Sir.

Sachin Bhatia (Expert) 15 January 2010
Complaint is not maintainable u/s 138 of N.I.Act.

varadhaking (Expert) 15 January 2010
There is no clarity with respect of date of issuance of legal notrice u/s 138 N I Act. A legal notice u/s 138 to be issued within 30 days from the date of Knowledge of return of the cheque. 15 Days time for settelment of the cheque amount. After the 15th day if the cheque amount is not setteled then with in 30 days a complaint has to be filed. So Very your case accordingly.

K D Pande (Expert) 15 January 2010
If notice has been issued within 30 days of the receipt of bank memo then definately you can file complaint. Kindly clarify about date of issuance of notice

B K Raghavendra Rao (Expert) 15 January 2010

You cannot file a complaint under Section 138 of the Negotiable Instruments Act. Only option you have is to file a money recovery suit.

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