Ni act

Querist : Anonymous (Querist) 26 January 2012 This query is : Resolved
CAN A DELAY IN NI ACT MATERS BC OF AD AND RECIEPT WAS LOST AND AFTER THAT DUPLICATE RECEIPT WAS ISSUED BY THE POST OFFICE AND THEN AFTER DELAY OF 15 DAYS CAS WAS INSTITUTED IS THERE IS ANY REASONEABLE CUSE PLEASE SUGGEST ANY CASE LAWA WAS THERE . THX

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Raj Kumar Makkad (Expert) 27 January 2012
The criminal case under 138 NI is not maintainable in the given case.

M/s. Y-not legal services (Expert) 27 January 2012
delay in filing may be condoned for valuable reasons..

but this ground is very weak..

-tom-

adv. rajeev ( rajoo ) (Expert) 27 January 2012
If complaint is filed without condoning delay application then it is not maintainable.

Advocate M.Bhadra (Expert) 27 January 2012
You can file with a petition u/sec.142 N.I.Act for condonation of delay if you able to satisfied the Court that there was sufficient cause then court may consider.Failing which you should file a Summary Suit for Recovery of Money in Civil Court.

Nadeem Qureshi (Expert) 27 January 2012
I agree with experts

Advocate. Arunagiri (Expert) 27 January 2012
Mr.Makkad,

The case is filed after 15 days. There is a delay in filing the case. The delay can be condoned and the case can be taken on file, if all the other formalities are completed in accordance with law.

M.Sheik Mohammed Ali (Expert) 27 January 2012
yes, i do agree Mr.Arunagiri view

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 January 2012
without first delay condonation application,its notice to other party and its hearing , its decison the case can not be registered.

ajay sethi (Expert) 27 January 2012
agree with JSDN . first delay has to be condoned

prabhakar singh (Expert) 28 January 2012
JSDN has a right say. first delay has to be condoned

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