Sec 138 NI Act

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved
Notice issued by claimant (payee) but same is not perfect.

Neither refusal / nor acknowledgement receipt received for this notice for 27 days - except a letter from postal department that they are trying to locate the reigstered letter.

Notice draft reviewed by advocate / corrected and this corrected letter sent as a notice by advocate on behalf of claimant (payee).

Can case filed within 20 days from date issue of such notice - assuming that notice is received by the accused?

If no then wiat of howmany days?

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adv. rajeev ( rajoo ) (Expert) 25 October 2010
You cannot file case on the second notice because if accused appeared before the court and produced the first notice you will loose your case.
Wait for the postal information then you can file the case.

R.Ranganathan (Expert) 25 October 2010
I agree with the expert

s.subramanian (Expert) 25 October 2010
Yes. You have to get acknolwedgement for the first notice and proceed. Otherwise it would be fatal.

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