regarding cheque dishouring

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
dear sir
a company give a legal notice on 19.11.2008 of 138 of nia act.tii date i cant reviced any notice or warrent from the court. what is the procedure of 138 nia act. by some person i hearid the compilent is dissmissed by the court on the ground non apperence. what is the next step takan by the company . cheque is dishonored 10.10.2008 with remaks account closed

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H. S. Thukral (Expert) 12 November 2009
Comapny can file a criminal complaint when 15 days time given for payment in the legal/demand notice expires, within a month thereafter. It appears in this case that the notice which is to be issued within a month of cheque being dishonoured has been delayed beyond limitation. Complaint is not maintainable as such.

Raj Kumar Makkad (Expert) 12 November 2009
If the complaint has been dismissed, it is in your favour. dont worry. The complaint cannot be restored if you had not been summonned therein. Suit for recovery for the amount mentioned in the cheque can be filed by holder of the cheque within a period of 3 years of the issuance of the cheque.

Querist : Anonymous (Querist) 12 November 2009
in how many days court issue the summonned
any timeframe set by court

H. S. Thukral (Expert) 12 November 2009
You may receive court notice even after six months depending upon the workload on the court.

Querist : Anonymous (Querist) 13 November 2009
the legal notice date 19.11.2008 if any case file in court how long i wait for comfrmation the is file are not.

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