138nia

SEC.138  of  NI Act .
A legal Notice is issued to Defaulter whose Chq is dishonoured .IT SHOULD BE ISSUED WITHIN 15 DAYS OF DISHONOUR OF CHEQUE BY REGISTERED POST A.D.

in case the said payment is not made within 15 day then the complainent has to file criminal case within 30 days .

CONDOLENCE OF DELAY APPLICATION  TO BE GIVEN UNDER SEC142(b)

142. Cognizance of offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974 ),-
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138;
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.]