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Mayuresh Gujar (Jr)     01 July 2011

NI Act limitation period

Sir,



1.cheque rtn memo 5/5/2011



2.demand notice date 14/5/2011.



3. Acknowledgement receipt not received hence application given for "post certificate" 0n 15/6/2011 as per post office rule.



4.certificate received on 18/6/2011.



post office certificate " demand notice delivered on 19/5/2011"



my Question is from which date limitation is start?



A. From 19/5/2011 or

B.from 18/6/2011 (post certificate)



Learning

 10 Replies

pratik (self working)     01 July 2011

i also want to know also what do u mean by post office certificate.

G.Nagarajeshwar Rao (Advocate)     01 July 2011

The limitation will starts from 19/5/2011. The mandatory period of 15 days shall be given to the other side. From the sixteenth day it will be computed that day onwards, within 30 days the complaint shall be filed. If that is not so, there is amended section in NI act, section 142 (b). You may file a petition for condoning delay for filing the complaint.

Doveson (advocate)     01 July 2011

19.5. U have to always assume the first day of 30 days to start from the 2nd day of posting the notice.

SACHIN AGARWAL (ADVOCATE)     05 July 2011

Good advise by Mr. G. Rao.

Mayuresh Gujar (Jr)     05 July 2011

yes sir

     on this issue i have problem i.e. day of posting. could u give me detail idea about that? means 2 nd day of posting. how it work? 

SACHIN AGARWAL (ADVOCATE)     05 July 2011

Dear Mr. Mayuresh

Your query is not clear. Please give details.

Ajit P. Jain (Lawyer)     21 July 2011

Date of service will be 19/05 and the statutory period will be end on 2/6 and thereafter  the cause of action for filing the complaint wil arise on 3/6 due to non payment only and thereafter from 3/6 you can file the complaint within 30 days.  If you will late than you can file condonation of delay application alongwith complaint.

jatin sharma (LAWYER)     21 July 2011

hi , when u send the notice to other party of cheque bounce then after  15 days the limitation period will be start .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 July 2011

dear friends there is amendment in the limitation detailed below :-

 

"within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and

 

ubstituted by Act 55 of 2002, sec. 7, for "within Fifteen days" (w.e.f. 6-2-2003).

 

sweta singh (n/a)     22 July 2011

simply 1 can say limitation period will start after 45 days 4m the date of service of notice.........

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