Legal Question in Criminal Law in India

Section 138 Negotiable Instrument Act

A check given by a person is dishonoured for the reason of Stop Payment. Notice could not served within one month as required under section 138 due to the fact that the drawer through many of his emails and SMSs pretended to provide the money withn few days. Can this be taken as a plea for issuing a legal notice and can condonation of dealy be pleaded under any section? Also does the written communication may be traeted as Legal notice? please help.


Asked on 11/08/07, 5:18 am

1 Answer from Attorneys

G. M. Gupta gmguptaandassociates

Re: Section 138 Negotiable Instrument Act

you can deposit the cheque, within its validity period, as many times you like and the limitation will start again on its non payment.

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Answered on 11/09/07, 7:45 am


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