138 NI Act
Chetan Pardakhe
(Querist) 14 April 2011
This query is : Resolved
What is period to file complaint u/s 138 NI Act, when the accused refused to take the notice u/s 138.
There is the clear endoresement of Refusal n Notice Envelop.
Pls guide with citation
Regards
Amit Minocha
(Expert) 14 April 2011
the limitation period to file complaint is 30 days after the period of 15 days given in notice expires. However, since the notice has been returned unclaimed/ refused, you can file complaint within 30 days form the return of the notice.
R.Ramachandran
(Expert) 14 April 2011
I do not agree with the views of Mr. SKJ in this regard. By refusing to receive the notice, the drawer of the cheque cannot in any way delay the matter (at least filing of the complaint by the Payee).
If the notice has been received with the endorsement 'Refused', it is a sufficient service of notice.
As rightly pointed out by Mr. Amit, after expiry of the notice period of 15 days, file the complaint within 30 days.
Naresh Kudal
(Expert) 14 April 2011
Not agree with Mr. Minocha. you can file complaint within 45 days of refusal of notice. no citation is required.
R.Ramachandran
(Expert) 14 April 2011
Dear Mr. Naresh,
Can you please tell how do you compute 45 days from the refusal of notice.
According to me, having served the notice giving 15 days time, one has to wait for the first 15 days.
Thereafter another 30 days within which the complaint has to be filed.
So, I want to know where from you conclude that complaint has to be filed within 45 days of refusal of notice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 April 2011
Before jumping to contradict others opinion pl read the querry first. The person says no endorsement of refusal so it is not proper service. Without proper service no complaint.
AGAIN THERE ARE TWO CONDITIONS IN THE NI act FOR PROSECUTION. FIRST SENDING OF NOTICE SO EVEN THIS IS TREATED AS COMPLIED or presumed ,THE OFFENSE WILL START ONLY FOR NON PAYMENT AFTER RECIEPT OF NOTICE. SO UNLESS RECIEPT OF NOTICE IS NOT PROVED NO OFFENSE AT ALL.
R.Ramachandran
(Expert) 14 April 2011
Dear Advocate,
The querist very clearly says "There is the clear endoresement of Refusal n Notice Envelop."
So, your saying that "The person says no endorsement of refusal so it is not proper service." is contrary to facts revealed by the querist.
Since there is "refusal on the Notie of Envelop", even according to you the service is complete.
HOPE YOU WILL APPRECIATE, THAT I HAVE NOT JUMPED TO CONTRADICT ANYONE'S OPINION, WITHOUT READING THE QUERY.
prashant pundhir
(Expert) 14 April 2011
The period to file complaint after refusal of the accused to receive the notice is 45 days.(J.Parameswarudu versus K.Krishna and another(AP) 2005(2) Bankmann 24=2005(6) CRJ410=2005(2)DCR 564 .
I think that it will also clear the confusion of sir R.Ramachandran .
Arun Kumar Bhagat
(Expert) 15 April 2011
You have to file the case after 15 days from the date of refusal but within 45 days from the date of refusal/presumed service.
Guest
(Expert) 15 April 2011
It clearly seems as if "ADVOCATE" jumped to reply without going through the question properly, as the question clearly states, "There is the clear endoresement of Refusal on Notice Envelop."
I am of the view that Mr Amit and Mr. Ramachandran are correct in teir advice on filing of the case.
prashant pundhir
(Expert) 15 April 2011
I am sorry to say sir Dhingra.you may be right,but in law the views are not acceptable . Please give the judicial findings too so as we also refresh our knowldge.
