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mukesh jain (prop)     30 September 2012

Valid notice ?

cheque bounce on 1st june2012,bank intimtion received on 4th june2012,we issued notice to the default party 26 june 2012. Is it valid notice within time or time is 15day after reciving intimation from bank.

please clerify that what is the time limit to issue notice to the defaulter after receiving intimation of cheque boune from bank, as per new N.I.act ammendment act.



Learning

 4 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     30 September 2012

Now the notice is required to be served within 30 days of receiving intimation from the bank.

Yogesh Anand (Head- Legal AVP)     30 September 2012

The limitation of sending notice, making payment and filing complaint is a very cute figure 30-15-30.  Notice is to be issued within 30 days from the date of reciept of intimation from bank about dishonour of cheque.  Payment is required to be made within 15 days of the reciept of notice.  Complaint can be filed within 30 days from cause of action that is within 45 days from the date of reciept of notice by the drawer of cheque.

Advocate Bhartesh goyal (advocate)     04 October 2012

Notice sent  to accused is perfectly valid as issued within limitation period ie.30 days from the receipt of intimation of dishonour of cheque from bank.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     06 October 2012

Notice sent  to accused is perfectly valid as issued within limitation period ie.30 days from the receipt of intimation of dishonour of cheque from bank.

 

May I correct Yogesh Anand, though he is right, The Answer is not Perfect. 

It is not 30-15-30

It is 30-15-One Month

After receibing notice, 15 days are time for accused to Pay, and a month to file Complant. 

After the 15 days of  period after notice, a month to file Complaint, and a month is defined as intervening montyh . If it is Feb it is 28-29 days , ot 30 day s or 31 days of Clalner month . It is not 30 days 

it can be 28,29,3 or 31 days 

 

Hope Yogesh, it is clear to you. 


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