Need citations?
Shree.
(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?