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How to calculate 30 days demand notice period in case cheque bounce


07-Jul-2023 (In Cheque Bounce Law)
In complaint filed it is mentioned that cheque put for clearance on 21.10.2013. Returned with remark in sufficient funds on 22.10.2013. Received the return memo from bank on 23.10.2013. Demand notice sent on 21.11.2013. Now is there any SC ruling to confirm how to calculate the 30 days demand notice period from which date, taking into facts mentioned in the complaint filed at Additional Chief Metropolitan Court, B'lore.as said above. How to calculate 30 days demand notice period from what date
Answers (1)

Answer #1
688 votes
Cheque return memo was received on 23.10.2013. Counting of 30 days period begins from the next day i.e. 24.10.2013. Period of 30 days ends on 22.11.2013. If the Demand Notice has been sent on 21.11.2013, then it is within the period of limitation. It is not the dating of the notice but date of posting of the notice is what matters. General Clauses Act applies for calculation of period of 30 days. No ruling of any court is required as the provision 138 of Negotiable Instruments Act is very clear.

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