Negotiable instrument act, 1881
Advocate Sheetal
(Querist) 09 April 2013
This query is : Resolved
whether 1 day late to sent legal notice u/s 138 of NI act from date of cheque return memo is maintainable.
Anirudh
(Expert) 09 April 2013
NO the delay is fatal for issuance of notice u/s. 138. If there is validity for the cheque, then one can present the cheque and then issue a notice within limitation period.
In any case, the party has to file a summary suit under order 37 for recovery of the money.
Raj Kumar Makkad
(Expert) 09 April 2013
Instead of sending the notice one day later, it shall be good to re-deposit the cheque with the banker if the same is within the period of validity and thereafter to send the notice as desired.