How to count days to file complaint u/s138

[Adv Charu Kalra]

Cheque dishonored-14-11-2018
Memo-15/11/18
Legal notice-22/11/2018
Legal notice received known by online status report-30/11/2018
Which would be last date to file complaint u/s 138 NI
If it is barred till 7-1-2019 what would be the other option?
Please it’s urgent.

[Dr. Ashok Dhamija]

If the notice sent by the payee has been received by the drawer on 30.11.2018, then he can make the payment up 15.12.2018, i.e., with 15 days of the receipt of the notice.

If the drawer of the cheque fails to make payment within the above period, i.e., up to 15.12.2018, then within one month from that date, complaint for cheque bounce under Section 138 of the Negotiable Instruments Act can be filed.

This means that the complaint can be filed till 15.01.2019. This implies that the complainant can file this complaint at any time from 16.12.2018 to 15.01.2019.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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