limitation of cheque
advocate satya
(Querist) 13 March 2009
This query is : Resolved
hi
someone in this forum had said in a time barred case of cheque bounce if a legal notice is issued and if the debtor gives reply the limitation extends,any law applicable to this or any citation ?
Shyam Ji Srivastava
(Expert) 13 March 2009
Dear Advocate Satya
Mr Arvind Jain is right.
In Negotiable Instriument Act under sec 138there is a limitation to send notice within 30 days from the date of dishonour and 15 days time will be given for payment and in absense, from the date of service of notice case will be filed within one month.
there is no provision for delay condonation
advocate satya
(Querist) 14 March 2009
no i asked the question about recovery of amount as civil suit not 138 N.I act CAn the notice be issued?
M. PIRAVI PERUMAL
(Expert) 14 March 2009
That depends upon the contents of the reply notice.
Ravi Arora
(Expert) 14 March 2009
plz give more details
n.k.sarin
(Expert) 14 March 2009
Dear Satya, in my opinion, when cheque was bounced and the date on which u got intimation limitation start.in the said case limitation is three year.If you want to extend it, you must send a notice infoming that the said cheque was bounced and demand of money mentioned in the said cheque. If the party who issue the cheque in reply of notice deny the payment.Fresh limitation start from date of denial.
