kanan 09 January 2020

complaint us 138 after second notice

i sent first notice to accused but in returned with endorsement party left.
again second notice issued to other address and it was served.after 15 days from second notice served complaint was filed. is it time barred or not.
i considered cause of action after second as it was served.please reply.
if any citation in support please share.

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 10 January 2020

Dear sir,

If notice is issued as per time specified in Negotiable instruments act then it is within limitation.

Regards,

kanan 10 January 2020

notice issued within 30 days
after 2nd service and 15 days from that day i filed complaint which was within 45 days from second service to accuse. so i considered cause of action from 2nd.any citation.please share.thanks

Free Legal Help India 10 January 2020

Please contact me for more information. Adv Arshad Ali Zaidi 9719775005

P. Venu (Advocate) 11 January 2020

How come there are two addresses? Can it be pleaded that the first address was the wrong or mistaken?

Dr J C Vashista (Advocate) 12 January 2020

If the complaint has been filed with statutory period i.e., 15 days after service of second notice and within 30 days thereafter, it is well within limitation.

It is advisable to consult a local senior for better appreciation of facts/ documents and guide you properly .

If you are located in Delhi and feel so, may contact me with relevant records (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91 98911 52939 email: majjagdish@yahoo.com or visit: vakil-saab.com

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kanan 14 January 2020

in my case the accused left the resident and i sent second notice on second address his place of business.first notice on 25/01 and second notice sent on 31/01 and complaint filled on 16/03 please any citation regarding this kindly share