NI ACT- CONDONE DELAY

MOHAN ILAYARAJA (Querist) 13 March 2011 This query is : Resolved
Dear Law Experts,
can notice under 138 (b) sent after 30 days from the intimation date of dishonour is valid or not. if not valid suggest some case laws.
Further how can we contest the case of filing condone delay of 13 days for filing a complaint under NI Act. provided the complainant has stated reason of illness which cannot be contested by the accused.

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adv. rajeev ( rajoo ) (Expert) 13 March 2011
It is mandatory to issue notice within 30 days from the intimation date of dishonor of cheque. The delay in issuing the notice cannot be condoned.
If there is reasonable grounds delay can be condoned if complaint is filed after mandatory period.

MOHAN ILAYARAJA (Querist) 15 March 2011
Thank you Mr.Raju sir. and pls refer me some case laws in this reference

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