Legal Question in Criminal Law in India

About Section 138

We have issued notice to the offender, as the cheque he gave was dishonoured because of insufficient funds. we have sent him a notice and now more than 30days we have not hear anything from him. Are we still in time limit to file a suit?


Asked on 10/06/10, 7:04 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you may file the complaint within 45 days of sending the notice.

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Answered on 10/06/10, 9:42 am
Vishwa Arya Arya & Co.

you had to give the drawer 15 days to make payment counted from the date of receipt of notice. .If he does not make payment, then complaint could be filed with in thirty days from the end of 15th day. that is to say from 16th to 45th day from the date of receipt of notice. You may still file the complaint along with an application for condonation of delay, if any,

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Answered on 10/09/10, 12:48 am


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