cheque case- duration of notice period
s saravanan
(Querist) 04 November 2010
This query is : Resolved
cheque collection date-27-10-2003
cheque return memo of the opponent party 28/10/03.
But i received the cheque from my bank on 07/11/03.
in the above situation what is the final date of issuing the notice with in limitation,
R.Ramachandran
(Expert) 04 November 2010
You have to issue the notice within 30 days from the date of receipt of intimation from bank about the cheque dishonour. In this case since you received the bank intimation on 7.11.2003, the notice ought to have been issued on or before 7.12.2003.
adv. rajeev ( rajoo )
(Expert) 05 November 2010
6/12/10 in this date you will have to issue notice, on this date you can also.
Parthasarathi Loganathan
(Expert) 05 November 2010
But the author relates the cheque year way back to 2003? Please come in before experts drag opinion.
B K Raghavendra Rao
(Expert) 05 November 2010
Probably the case is in progress and the accused wants to challenge the validity of notice on limitation point. Now, the intimation has been received by the party from the bank about dishonour on 28.10.2003. The limitation period starts from the day next. Legal Notice ought to have been given on or before 29.11.2003. It is the date of intimation that matters and the date of collection of dishonoured cheque from the bank by the party.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 November 2010
Even if the case in progress the complainant has to prove the reciept of information so late from the bank which is defficult now.
In absence of any evidence the return date will be assumed 29.10 plus holidays.
Sri Vijayan.A
(Expert) 05 November 2010
06.12.2003,
you have exhausted the notice period
virender
(Expert) 05 November 2010
if u can can prove that the memo as well as information is recived at the bank at 7/11 then it is the day 4m where the limitation is started
O. Mahalakshmi
(Expert) 06 November 2010
on which date you have received the bank return memo 30 days limitation starts including holidays.
Advocate. Arunagiri
(Expert) 06 November 2010
The last date is 7.12.2003. Date of receipt of the info is not included in the time limit. So the time starts from 8.11.2003, 30 days ends with 7.12.2003.
