N.i. act 138(b)
sachin sharma
(Querist) 04 May 2019
This query is : Resolved
Hi expert, a simple but technical problem. In a proceeding related to 138, how the period under 138(b) would be calculated, i.e. from the date of return memo or "information received date". For example return memo date is Sep 26th, 2018 and information of dishonour is claimed to be received on Oct 7th, 2018. Notice was sent on Nov 4th, 2018. MM accepted this contention of the complainant, while according to me return memo date must be considered as "information received" as per section 138 (b). Please share your valuable suggestion.
Dr J C Vashista
(Expert) 04 May 2019
Time shall be calculated from the date of memo issued by banker of drawee i.e., 26th Sept 2018; thereafter, notice shall be issued within 30 days i.e., on or before 25th Oct 2018 and cause of action shall arise 15 days after issuance of notice on 9th Nov 2018. The complaint has to be filed on or before 9th Dec 2018.
In your case, notice has not been issued within stipulated period of 30 days from the date of dishonour of the cheque, i.e., date of memo of the bank where subject cheque was presented.
