138 negotiable instrument act

hi,

30 days counted from the date of the receipt or refusal to notice. thre after within 15days complaint to be filed. that means total 45days from the date of receipt or refusal of notice.

Mr. Singh,

The period should be counted from the date of receipt or refusal.

Date of refusal 20-06

15 days wl be from - 21-06 to 05-07

and thereafter after non payment 30 days from 05-07 will be up to 04-08.

regards,

Chirag Shah.

No doubt total 45 days (15+30) WEF 21-06 as rightly pointed out by Chirag Shah.

2007 (3) KLT  392

Hon'ble Mr. Justice K. Thankappan

Bhavani Auto Distributors v. Muraleedharan

Crl. A. No.567 of 1999

Decided on 1st June, 2007

Negotiable Instruments Act 1881, S.138 Proviso (b) -- Sending of notice in correct address of accused and return of same with endorsement “unclaimed” are sufficient for purpose of due compliance with S.138(b).

Sending of notice in the correct address of the accused and return of the same with endorsement “unclaimed” are sufficient for the purpose of due compliance with S.138(b) of the N.I. Act”. The burden of the appellant to prove that the notice was given to the 1st respondent was discharged, as it has come out in evidence that the postal authorities have given intimation of the notice to the 1st respondent to whom it has to be given. If so, it is the duty of the 1st respondent to show that the notice was not in the correct address or not served on him.   (para. 7)

1994 (1) KLT 441; AIR 1966 SC 330; 

(2001) 1 SCC 631 & 2002 (3) KLT SN 46 (C.No.64) Referred to 

The main crux of the citation is that notice should have been sent to the correct address of the accused.

Goes without sayin if notice is sent some other address- no notice at all

Rightly pointed out by Adv. Thankachan V P.

Good and useflu judjement.

Thanks.

Regards,

Chirag Shah.

Good and usefull judjement.  & pointed out by Adv. Thankachan V P...

Regards

Harpreet Singh

Dear Chirag Shah & Mr. Thankachan VP

cheque returned intimated by bank advice on 23/3/13, I sent lawyer notice on 19/4/13, served on 20/4/13. Can I file complaint on 3/6/2013. Pl tell me what is the last date of filing complaint. The delay because before Sunday the accused want to settle the money.

pl advice me sirs.