Legal Question in Criminal Law in India

this is regarding 138 case a party has put on my company . we are fighting the case in the court. as my lawyer pointed out that that opposite party has changed the date of the return memo issued by the bank ( over writing on banks date )to bring it with time frame of limitation of issuing a notice etc. he has forged and changed the date to 3 days ahead. i want to know in 138 cheque bounce case what is exact limitation of time in law to give a notice and proceed. if it is out of time limit as in my case dose the case sustainable. through light on limitation part of 138 case.

Asked on 11/25/12, 4:35 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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You said that you have a lawyer representing you ,ask him. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 11/25/12, 10:43 pm

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Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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Notice u/s 138 NIA has to be sent within 30 days from the receipt of the intimation by the complainant from his bank regarding the return of the cheque. In case the bank informed the complainant late then the reckoning of the limitation will not run. In your case there is a possibility that the complaint might not be maintainable in which case you may file quashing of the complaint in the concerned High Court. As regards the forgery is concerned, if you are sure of the same only then ask your advocate to file an application u/s 340 Cr.P.C. in the same court.

Answered on 11/26/12, 10:14 pm

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