Legal Question in Criminal Law in India

facts:
1) A issues chq to B , say dated 1st May
2) B presents it on 29th september, it bounces.....NO ACTIOn TAKEN
3) B again presents the chq on 3rd December, it again bounces... B issues notice on 3 January
Q1since the chq was dated 1st may, it was valid till 31st october only.(6 month validity) can B issue notice under sec138 on a bouncing dated 3rd decemeber when the cheque was past its validity??
FURTHER FACTS:
1) when B issued notice on January3rd, the same month on January 5th B was arrested for a big fraud and sent to Jail, where he was for 11 months behind bar? B released on bail in Decemebr(after 11months) and goes and files a criminal complaint against A on behalf of notice issued on 3rd January(against bouncing on a date when chq was not valid).
Q2 Is such a police complaint tenable on basis of a notice which in itself is made on a stale chq(not covered under sec138)
FURTHER:
B now files a notice for condonation of delay in filing police complaint saying as he was in jail so delay be condoned for filing complaint under sec138.
Q3 Is this legally tenable for asking for condonation on behalf of a notice which in itself is legally not tenable being made on a stale chq.?
Q$4 what is a comprehensive action plan and legal points that can be used to foil this frivilous petition to condone the delay and get it dismissed?

Asked on 7/27/12, 4:59 am

2 Answers from Attorneys

Stalin Selvamani S & P Law Associates

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Presentation of first alone should be within 6 months and presentation of december is valid as already it has been presented well within 6 months period. Notice issued well on time Jan 3. As he is in jail he could not be able to present and file criminal case and hence he has filed condonation of delay. If it is allowed then B will be called and summoned as accused to pay the cheque amount.

Answered on 7/30/12, 3:16 am

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