Legal Question in Banking Law in India

sir namasthe, sir plz clarify whether my complaint is within limitation or not. CASE: The accused issued a cheque on 09.09.2004. the same was presnted in our bank on the same day itself and it was sent to the accused bank and was returned as his a/c is with insufficient funds on 14.9.2004 Basingon it i sent demand notice to the accused on 08.10.2004 by way of ordinary post, certificate of posting and by registered post with ackd due. but i hav not received either postal ackd or unserved registered cover, but i received reply notice dated 18.10.2004 from the accused on 19.10.2004 or 20.10.2004 with all false allegations.

BASING UPON HIS REPLY I FILED COMPLAINT ON 02.12.2004 SIR WHETHER MY COMPLAINT IS WITHIN LIMITATION OR NOT. GIV REPLY AS EARLY AS POSSIBLE, THE MATER IS POSTED FOR MY ARGUEMENTS ON 19.10.2009 FINALLY , THANQ SIR


Asked on 10/15/09, 8:39 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes it is

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Answered on 10/15/09, 9:55 am
J. Radhakrishnan independent Practice

you should have filed your complaint within one month after expiry of 15 days from the date of receipt of notice or deemed date of receipt of notice. Assuming that it takes 5 days for the notice posted by you to reach the accused, the deemed date of receipt of notice would be 13/10/2004. Adding 15 days to that it would be 28/ 10/2004. you should have filed the complaint with in 28/11/2004. However you can seek the condonation of delay of 4 days explaining it if any holiday has intervened or other cause which is on the face of it sufficient for reasonable person to appreciate in terms of the provision to Sec.142(b) of the N.I.Act.

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Answered on 10/15/09, 2:32 pm
Pravin Vaidya Independent

I agree with Shri J. Radhakrishnan

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Answered on 10/22/09, 10:34 am


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