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.


Asked on 4/26/09, 12:05 am

4 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: N.I. Act

Please come back with all details becuase the opinion may vary depending on the kind of entity the complainant is.

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Answered on 4/28/09, 3:28 am
Sunil Goel S.G. SOLICITORS

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.

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Answered on 4/29/09, 8:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: N.I. Act

You may state your problem for appropriate guidance.

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Answered on 4/27/09, 2:25 am
Shrichand Nahar S.V.Nahar, Advocate

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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Answered on 4/26/09, 1:40 am


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