Limitation to file complaint transferred u/sec 201 cr p c
Dalip Singh
(Querist) 02 October 2015
This query is : Resolved
Complaint under section 138 NI Act was filed on 4.9.2015 and listed on 8.9.2015 but returned under section 201 Crpc by the learned MM since the ordinance expired on 31.8.2015. Since the ordinance has been promulgated again, can the complaint be filed again as there is delay of 22 days.
K.S.Srinivas
(Expert) 02 October 2015
The Negotiable Instruments (Amendment) Second Ordinance, 2015, which the President of India has promulgated on 22nd September 2015 shall be deemed to have come into existence with effect from 15 June 2015, i.e., the date from which the first such Ordinance had come into effect. (Point NO.2 of the second ordinance).
That means continuity from the first ordinance issued on 15th June 2015 is ensured i.e., the period from 31--8-2015 to 22-9-2015 shall be deemed to have been covered under this second ordinance issued on 22-9-2015.
P. Venu
(Expert) 03 October 2015
I fully agree with Learned expert Shri K.S. Srinivas.
Dr J C Vashista
(Expert) 04 October 2015
I agree with experts, refile the complaint with returning order sheet, it would be considered as within limitation, if otherwise it was filed within prescribed time.
