Legal Question in Criminal Law in India

U/S 138 N.I.Act,1881

If the complainant's banker informed/returned the original cheque without retuning memo handed to complainant on 12.05.08 without any records and cheque got dishonoured on 8.5.08 as per the accused banker memo ,legal sent on 9.6.08, it is within the time limit as per N.I.Act or not notice


Asked on 7/23/08, 10:42 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: U/S 138 N.I.Act,1881

Yes date of Knowledge of complainant seems to be 12.05.08 and notice sent on 09.06.08 so within 30 days.

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Answered on 7/24/08, 8:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: U/S 138 N.I.Act,1881

Date of knowledge of complainant of return of cheque unpaid would be relevant.

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Answered on 7/24/08, 2:03 am
Sumit Mehta S 'n' S Law Offices

Re: U/S 138 N.I.Act,1881

Sir,

if the complainants banker memo is absent and the cheque has come only with the bankers memo of the accused then we can acc. have a debate on this issue. as the time to send a legal notice is 30 days from the receipt of bankers memo.

Please revert back in case of any clarifications

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Answered on 7/24/08, 3:27 am


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