N.I act sec 138. statutory period..

M/s. Y-not legal services (Querist) 08 September 2010 This query is : Resolved
good evevning everybody.. for a cheque complaint, we issued a legal notice in time.. but the notice returned as "addressee left". now whats the time limit for file my complaint before the concern judicial magistrate. for example.. i received the returned legal notice covers on 15.07.2010 mean which date is last date.. please reply me.. i am very confusion.. morning i have to file this complaint..

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M/s. Y-not legal services (Querist) 08 September 2010
i mean now my last date is 30th day or 45th day from 15.07.2010?

G. ARAVINTHAN (Expert) 08 September 2010
if the 6 months period is not over for the cheque, then again present it for collection

GOPI KRISHNA (Expert) 08 September 2010
45 days from 15-7-2010

M/s. Y-not legal services (Querist) 08 September 2010
Thank you gopi sir.. But my doubt it.. The accused person recieved the legal notice mean we have to give 15 days time from the date of the receipt of the legal notice for settlement or reply notice, then we have 30 days to file a complaint. But here the legal notice returned as addressee left. Then how that 15 days here... Thats my doubt.

Ajay Bansal (Expert) 08 September 2010
45 DAYS

Advocate Rajiv Mishra (Expert) 08 September 2010
45 day frm the dt. u send the noice. thats all.

H. S. Thukral (Expert) 08 September 2010
The limitation shall start from the date of endorsement on the envelope . K. Bhaskaran (SC) can be gone through.

M/s. Y-not legal services (Querist) 08 September 2010
of course you are correect h.singh sir.. but whats is the last date in my case? 3 experts answered as 45 days.. me too think so.. are we correct?

M/s. Y-not legal services (Querist) 08 September 2010
any way thanks to everybody participated with this query.

H. S. Thukral (Expert) 09 September 2010
Cause of action shall arise after 15 days of date of endorsement on the envelope. Complaint can be filed within 30 days thereafter. That means 45 days in all. You got a correct advice.

M/s. Y-not legal services (Querist) 10 September 2010
thank you h.singh sir..

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