LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need citations?

(Querist) 15 July 2010 This query is : Open 
Dear All,

I urgently need advice and judgements regarding the below matter:

Date of cheque presented and got dishonoured: 27.10.2003

cheque dishonoured recieved from Accused Bank: 29.10.2003

But Intimation of Return memo recieved from the complianant only on : 7.11.2003 ( Due to illness of Complianant)

Legal Notice send by Complainant's Advocate to the Accused on; 29/11/2003

Accused Acknowledged the Notice on :31/11/2003

Then Compliant filed u/s 138 & 142 to Magistrate on :10.2.2004(Filing along with condone delay of 27 days and the Magistrate condoned delay in filing taken cognizance of the Compliant)

1.Is there any Judgements regarding Legal Notice to be sent only after recieving return intimation memo from the Bank and then only Limitation period starts?Any High court or Apex court judgement regardng this issue?

2.After filing condone delay petition along with the Main Compliant,Magistrate taken cognisance,then the Accused cannot question at the time of Arguments stage ,after evidences over?

Citations Required?


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :