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Case filed within 15 days after issuing notice
07-Dec-2023 (In Cheque Bounce Law)
I have filed a case on the 13th day after issuing legal notice to the opposite party regarding cheque bounce. Whether this premature claim can be dismissed only on the ground that complaint was filed not giving 15 days period to the opposite aprty?
No..if you sent the legal notice, the opposite party has to send the reply within 15 days. That is mandatory in law..If the opposite party has not sent any reply notice within 15 days or the opposite party has not sent any reply notice till the opposite party is served with court summons, the filing of the case before the maturity of the said 15 days will become irrelevant...
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Adv. Mohamed Kassim
Chennai | 25+ Answers
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Negotiable Instruments Act says one has to file case only after the expiry of 15 days of Notice to the defaulter. In your case yes your complaint will be dismissed on the ground that you have filed case prematurely. Please refer judgment of Hon'ble Supreme Court of India in Yogendra Pratap Singh vs Savitri Pandey & Anr dated 19 September, 2014.
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Adv. N Sakthivel
Chennai | 25+ Answers
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