Legal Question in Criminal Law in India
N.I. Act
''Date of offence'' as against ''date
of transaction''. Is there any SC
judgement settling once for all that
it is the date of offence is the
relevant date for proceeding under
Sec.138 and ''date of transaction''
has nothing to do with N.I. Act. Tks
for help. Experience shows that
many high courts quote with
approval judgements of other high
courts but they do not always
agree with them.
4 Answers from Attorneys
Re: N.I. Act
Please come back with all details becuase the opinion may vary depending on the kind of entity the complainant is.
Re: N.I. Act
The Section 138 of Negotiable Instruments Act is very clear and unambiguous on this point, you don't need any judgment / precedent to convass this point. It was held by Supreme court in Dalmia Cement vs Galaxy Traders I(2001) SLT 613, relying on Sadanand Bhadran vs Madhavan 1998(6) SCC 514, that the period of one month for filing the complaint is reckoned from the date immediately falling on the day on which the period of 15 days (from the date of the receipt of the notice by the drawer) expires.
Re: N.I. Act
You may state your problem for appropriate guidance.
Re: N.I. Act
Date of offence in case of offence committed by company or other bodies or individual is same i.e. non-payment of amount of cheque on or before expiry of period of demand notice provided by NI Act.
Date of transaction has relevance most in cases against the companies or other bodies, where on or more directors or partners claim that they are not concerned with the offence. Such plea need to be seen in over all facts and situation of the case not only the date of offence.
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