Section 138 INA

Querist : Anonymous (Querist) 17 June 2010 This query is : Resolved
Respected All,

I sent a legal notice through a lawyer to a builder on 2nd JUNE 2010, who is not paying my amount, & his cheque has been bounced three times.

Now even after passing 15 days since receiving notice , still he has not paid me any amount. Now as per law, a case can be filed against him in the court.

MY QUESTION IS :IN HOW MANY DAYS A CASE CAN BE FILED IN THE COURT AFTER PASSING 15 DAYS OF TIME OF NOTICE PERIOD. HE IS COMMITTING TO PAY MY AMOUNT FINALLY BY 30TH JUNE. CAN I WAIT TILL THEN OR GO FOR FILING CASE ?

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SRIKANTH MYLAVARAPU (Expert) 17 June 2010
FR FILING CASE THE LIMITATION IS AS FOLOWS
1.WITH IN 30 DAYS U HAVE TO SENT NOTICE FROM THE DATE OF NOTICE INTIMATION THAT THE CHEQUE WAS DISHONOUR
2.FROM THE DATE OF REEIPT OF NOTICE U HAVE TO WAIT 15 DAYS FOR REPLY/REPAYMENT
3AFTER THAT WITH IN 30 DAYS THE CASE HAS TO BE INISIATED BEFORE THE COURT
NOTE:
IN REPLY IF HE INTIMATED THAT HE NEED A TIME FO XYZ DAYS WE MAY OR MAY NOT WAIT FOR THOSE DAYS CHOICE IS OURS
I HOPE U INDERSTAND THE PROCEDURE FOR FILING N.I. ACT CASE
WITH REGARDS
SRIKANTH

adv. rajeev ( rajoo ) (Expert) 17 June 2010
within one month from the date of receipt of the notice by the builder.

Querist : Anonymous (Querist) 17 June 2010
Adv. rjeev (rajoo) replied WITHIN ONE MONTH FROM THE DATE OF RECEIVED NOTICE BY BUILDER. IT CONFUSED ME A LITTLE BIT BECAUSE FROM THE DATE OF RECEIVING NOTICE BY BUILDER FIRST I WILL WAIT FOR 15 DAYS FOR REPLYING NOTICE. IF HE DOES NOT REPLY IN 15 DAYS THEN IN NEXT ONE MONTH A CASE CAN BE FILED OR 15 DAYS ARE INCLUDED FOR REPLYING BY BUILDER AND FILING CASE IN ONE MONTH PERIOD .

ANSWER GIVEN BY MR. SRIKANT IS CORRECT ( IN MY OPINION )

RAKHI BUDHIRAJA ADVOCATE (Expert) 17 June 2010
Dear Author,
I do agree with Mr. Srikant. U can contact me for further queries or help on 9871158578

adv. rajeev ( rajoo ) (Expert) 18 June 2010
I could not complete the answer because I dnot know what happened to my pc.
Srikant is right.

Sukhija (Expert) 20 June 2010
notice issued 2/06/10.
notice recd approx.5/06/10
15 days time to pay i.e. 20/06/10.
Till 19/07/10 u can file complaint. OK. so u can wait till then.
Contact if ur case u/s 138 is to be filed in Mumbai 9820492936.

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