N I Act
V. Ramakrishna
(Querist) 23 January 2011
This query is : Resolved
ref to judgement of S.C. Crap 46of 2010 -
(SLP(CRL)) no 6676 of 2008/ ( This is in the files section of this site )
In my case three notices are issued
notice dt 31-7-2000 u/s 138 demanding cheque amount of 25000/ ch no 919258dt 22-1-2000
notice dt 28-8-2003 u/s 138 demanding
cheque amount of 47000/ch no 993447 dt 12-8-2003,
notice dt 15-9-2003 u/s 138 demanding cheque amount of 47000/ch no 993447 dt 12-8-2003
Complaint filed on 8-10-2003 for offense
u/s 138 for dishonor of ch no 993447dt 12-8-2003
since the starting point of the transaction goes back to issue of 1st notice dt 31-7-2000/ Can I ref above S.C. judgement to get the complaint dismissed ?
Regards
Ramakrishna
SAANJAAY GUPTAA
(Expert) 23 January 2011
first of all see that the complaint filed on the basis of which notice, if it files on the notice dated 28.08.2003 then you can not use the judgement as the case is filed legally but if filed on the basis of the notice dated 15.09.10 then you can use the judgement and definatly get benefitted.
SAANJAAY GUPTAA
(Expert) 23 January 2011
first of all see that the complaint filed on the basis of which notice, if it files on the notice dated 28.08.2003 then you can not use the judgement as the case is filed legally but if filed on the basis of the notice dated 15.09.10 then you can use the judgement and definatly get benefitted.
SAANJAAY GUPTAA
(Expert) 23 January 2011
first of all see that the complaint filed on the basis of which notice, if it files on the notice dated 28.08.2003 then you can not use the judgement as the case is filed legally but if filed on the basis of the notice dated 15.09.10 then you can use the judgement and definatly get benefitted.
R.Ramachandran
(Expert) 23 January 2011
Dear Mr. Ramakrishna,
What the Supreme Court has said is that if in respect of the same dishonoured cheque, if the party has issued a notice u/s. 138 N.I. Act once, then he should take action within the prescribed time if the notice is not honoured.
The said person cannot try to extend the period for filing complaint u/s. 138 N.I., by issuing fresh notices after re-presenting the cheque.
In your case, I find that there are separate three bounced cheques and three separate legal notices u/s. 138 N.I. has been issued.
If the criminal complaint u/s. 138 N.I. has been filed within the prescribed time limit in respect of each of the legal notices, then the Decision of the SC quoted by you will not be applicable in your case.
pritamsaini
(Expert) 23 January 2011
when matter is pending in S.C.then facts and judgement of the lower courts are required for correct opinion.
Ajay Bansal
(Expert) 24 January 2011
Agreed with aforesaid experts.
Sri Vijayan.A
(Expert) 27 January 2011
Good advice by Mr.RR
But there is one correction needed, it is only two cheques and not 3; but 3 notices.
Here my doubt is after sending notice on 28.08.2003, why another notice on 15.09.2003 was sent on the same cheque?
Did any negotiation took place; if so the case based on the notice dt 15.09.2003 shall be valid.
