Legal Question in Banking Law in India

dishonour of cheque
i have send a notice to a company u/s 138 n.i.act demanding payment of the debt, but registered notice was retuned back to me with remarks unclaimed returened to sender.
now i want to file the complaint. does the cause of action strat from the date when i received back notice as ststed above or should i wait for 15 days and then file the commplaiant

Asked on 6/03/08, 9:47 am

6 Answers from Attorneys

Manish Dhingra Legal

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Re: dishonour of cheque

To make your case tight, send another notice to the company and one of the directors/officer (at his personal address) if time persists. If nothing happens, then file complaint in the next 15 days.

Answered on 6/03/08, 3:41 pm

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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Re: dishonour of cheque

there is deemed service on the date of not claimed and therefore you have to wait for 15 days and thereafter can be well filed within 30 days from such 15 period id completed

Answered on 6/04/08, 9:11 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: dishonour of cheque

You may wait for 15 days and on the 16th day you may file a complaint.

Answered on 6/16/08, 3:00 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: dishonour of cheque

You may wait for 15 days and on the 16th day you may file a complaint.

Answered on 6/16/08, 3:01 pm

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J. Radhakrishnan independent Practice

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Re: dishonour of cheque

wait for 15 days from the date which is noted as the last date upto which the notice was held by the postal department for claiming and then file a complaint. Since there is deemed service on the last date upto which it was held for claiming by the addressee, this suggestion.

Answered on 6/03/08, 9:34 pm

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