138 ni case
suresh bhogle
(Querist) 09 September 2015
This query is : Resolved
Hello to all distinguish members.
I have two questions.
1) What is limitation period in 138 ni cases? I had received cheque and cheque return memo from bank on 1-8-15 now i want to ask before which date i must file a case in the court?
2) Validity of latest Ordinance in 138 NI Act (ordinance passed on 15 june 2015) was only 6 weeks and now it ceases to be lapsed. Has the Government re-promulgated the ordinance? if ordinance has lapsed what happened to the cases which were filed within the 6 weeks during which ordinance was in force?
Really appreciate if you enlighten me on this.
Thank you very much to all.
Advocate Kappil Cchandna
(Expert) 09 September 2015
Sir,
First of all you were required to send a legal notice immediately with in 30 days of cheque bounce, then if with in 45 days the accused do not reply to the same you can file 138,complaint right .....
As per new law the place of accused bank is where the cases were being filed ....
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 10 September 2015
Notice has to be sent in 30 days for cheque bouncing and after 15 days case has to be filed.
Agree with the expert.
K.S.Srinivas
(Expert) 11 September 2015
I agree with the expert Kapil Chandna.
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
After receiving the return memo by bank, should serve legal demand notice within thirty days giving 15 days time for compliance, failing to invoke positive response, a criminal complaint u/s 138 NI act can be filed within 30 days after the expiry f 15 days time stipulated in the legal notice.
The referred ordnance is related to the pecuniary jurisdiction of the court where the cae is proposed to be filed. This has got nothing to do with the time bound for filing such case.
