Legal Question in Criminal Law in India
Negotiable instrument act section 138
Condonation of delay in sending legal notice to the accused is allowed ?
4 Answers from Attorneys
Re: Negotiable instrument act section 138
No.
Re: Negotiable instrument act section 138
What is your query?
Re: Negotiable instrument act section 138
There is no such provision. However, one may still file a suit for recovery. The possibility of 'summary procedure' for obtaining a decree may be explored.
Re: Negotiable instrument act section 138
There is no provision under the act to condone the delay in sending the legal notice to the drawer of the cheque. However, if you give the complete facts of your situation as to whether or not the delay has been caused in issuing the legal notice and further whether or not the notice has been issued even though delay is there. Answer to these facts may help one in finding a solution. Please note, that, if notice has been issued with delay and served upon the drawer of the cheque no action may be taken under 138 of the act. You have only civil remedy for recovery of the amount.
Vishwa Arya
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