Legal Question in Banking Law in India

under NI act what are limitations in terms of days .

1. to issue a notice after recepit of bank memo.

2. after notice to put the case in the court


Asked on 12/15/12, 2:18 am

2 Answer from Attorneys

J. Radhakrishnan independent Practice

Notice should be issued within 30 days of the receipt of information of dishonour of cheque. Prosecution has to be launched within ONE Month from the date of expiry of 15 days from the date of receipt of notice of demand by the accused, if he fails to pay the same. I do not know where from Sri.Rajiv Gupta says it is 45 days. Please check with Secs.138, and 142 of the N.I.Act for the correct computation of limitation period. Of course, regarding the delay in making the complaint to the court within the aforesaid time can be condoned by Court if it can be explained by sufficient cause to the satisfaction of the court.

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Answered on 12/15/12, 7:00 am


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