Legal Question in Banking Law in India

Re: Notice under section 138 of NI Act

you need not wait for reply for a long time - you have to file the case within 30 days - so give a reasonable time -if have proof of notice issued then go ahead!

Re: Notice under section 138 of NI Act

As per New ammendments,you must have to file complaint within one month from the date of notice.

Re: Notice under section 138 of NI Act

When you say that the notice period of 15 days expired on 24/6/2007, you mean that the drawer of the cheque received the notice on 9/6/2007 and has not made the payment within 15 days therefrom. In terms of Sec.142 you have to file the complaint in the court of the I class Magistrate having jurisdiction at the place where the cheque has been received on dishonour within one month i.e. on before 24/7/2007. In case you delay the filing of the complaint, you have to file a petition to condone the delay by adducing sufficient cause for not preferring the complaint within the aforesaid time. When we say sufficient cause it excludes wanton delay or paucity of funds to file the case within the said one month.

Re: Notice under section 138 of NI Act

you can file case upto 24-07-2007. procedure is simple that the complaint has to be drafted containing the charges and story of the notice and then attach the original documents and then file it.

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