what is sec 138 and legal notice limitation

604 votes

Jis date ko notice send karte he usme notice receive hone ke baad 15 days ka time dete he,lekin apke case me notice send hone ki date 28/03/2017 se 45 days me hi court me complaint file kar sakte he likin 28/03 ke 15 days ke baad

Advocate Kamlesh Kumar Sharma LawRato

587 votes

Sir,men
As per ur information available ,u send legal notice on dated 28.03.17 and they refuse to revived ,,complete filing limitations is 45 days from the date of issued legal notice I e²8.03.17 Irest on VI's a vise

Advocate D D Purohit LawRato

731 votes

section 138
(b) the payee or the holder in due course. of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to
the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
As par law you can file case after 45 days of giving notice to opposite party .as par your query send notice on 28/03/2017 than you can file case of dishonour of cheque after 13/05/2017.

LawRato LawRato

755 votes

The limitation start of filling complaint in competent court from the date of cheque bouncing, limitation is not depend on legal notice whatever you was send when the legal not is not maximised the limitation to file complaint.
So please as soon as early you file complaint before finish 30 days from cheque bouncing date.

Advocate Piyush Rathore LawRato