negotiable instruments act

Querist : Anonymous (Querist) 27 May 2010 This query is : Resolved
notice was sent and it was refused on 20.11.09 whereas the notice was received back on 03.12.09. complaint filed magistrate is of the opnion that the day notice was refused the limitation for filing complaint starts from that date. Complaint has been filed on 16.01.10 taking date of receipt of notice by the advocate of the complainant. please suggest how process can be issued under 138 of Negotiable Instruments act or other remedies to recover the money>

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adv. rajeev ( rajoo ) (Expert) 27 May 2010
When notice is refused, it amounts to valid service it shows that accused had the knowledge of the cheque bounce so it is necessary to wait for mandatory period of 15 days to make the payment of the cheque amount.
refused notice returned on 3/12/09
15 days ends on 18/12/09
one month expires on 17/1/10
so your complaint is within limitation period.

Virender Pankaj (Expert) 27 May 2010
Notice deemed to be served on 20.11.2009, when it was refused.
15 days time expires on 5.12.2009.
One month expires on 4.01.2010.
Complaint filed on 16.01.2010
The complaint is barred by limitation, you may file an application for condonation of delay.
The complaint u/s 138 of N.I. Act is not recovery proceedings.
You may also file a suit for recovery u/o 37 of C.P.C within three year from the date of dishonor of cheque but you have to pay court fee for the same.

Raj Kumar Makkad (Expert) 27 May 2010
I completely agree with Virender and cannot become agree with rajoo. The calculation of period starts immediately on receipt of notice in the hands of accused and not its acknowledgment in the hands of complainant or his counsel.