Legal Question in Criminal Law in India
Can a party initiate proceeding under section 138 of NI act if the cheque date of said cheque has crossed the limit of Validity of Six months? Point here is that cheque was presented while it was valid. What if it is still under six months of bouncing but over six months of cheque date? Additionally, no notice was served for payment after cheque bouncing.
Asked on 3/10/11, 9:44 am
1 Answer from Attorneys
Sanjay Kalra
Sanjay Kalra & Associates
Sending a notice u/s 138 of N I Act is mandatory before filing a complaint . If no tice has been sent to you within the stipulated time then the complainant cannot file a complaint u/s 138 of N. I.act
Answered on 3/16/11, 3:54 am
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