On ni act case
vamsi
(Querist) 16 October 2019
This query is : Resolved
accused gave me a cheque which is dishonored and i sent a registered notice to him on 23.08.2019 and immediately on 24.08.2019 he replied through his counsel by denying the facts of the notice. i filed a complaint under section 138 of Ni act on 08.09.2019 and the same is returned for pre limitation i.e. not gave a time of 15 days for accused for the payment of cheque. my question is it is not valid for pre limitation or not but he replied to my notice by denying the notice facts. what is the solution for this how i move on court. please respond. thanks to all advocates.
NANDKUMAR B SAWANT
(Expert) 17 October 2019
You may file case again with application for delay condonation mentioning all facts.. If allowed by court then ok. Otherwise you may file a revision before sessions court
vamsi
(Querist) 17 October 2019
sorry for the above facts. i fled the case on 03.09.2019 sir i.e. 5 days in advance for the statutory period. please advise me
vamsi
(Querist) 17 October 2019
sorry for the above facts. i fled the case on 03.09.2019 sir i.e. 5 days in advance for the statutory period. please advise me
SHIRISH PAWAR, 7738990900
(Expert) 17 October 2019
Dear vamis,
You have filed your case before limitation started. Court has rightly returned complaint. You can again file the case as per your limitation.
Regards,
P. Venu
(Expert) 17 October 2019
Two views are possible on this aspect as the drawer of the cheque has denied the debt. Any how, you can once again file the Petition.
Dr J C Vashista
(Expert) 19 October 2019
Re-file the complaint after statutory period, if averments made by you are true and the story is not fabricated.
How did the accused receive notice dated 23.8.2019 by registered post and stated to have replied on 24.8.2019 i.e., very next day of dispatch ?? Unbelievable and impossible.
What was such a hurry to file the complaint on 3.09.2019 ?
What is your locus standi ???
If there is some truth in the story it is better to consult a local senior lawyer for proper apprecaition of facts and guidance.
