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What is limitation of time to send legal notice Us 138 of NI Act ?

 

What is limitation of time to send legal notice Us 138 of NI Act ?

Section 138 of the Negotiable Instruments Act, 1881 (NI Act) provides for a limitation period for sending a legal notice before filing a complaint for dishonor of cheque.

According to the Section 138 of the NI Act, the payee or holder of the cheque must give the drawer (i.e. the person who issued the cheque) a legal notice, demanding payment of the cheque amount within 30 days of the receipt of cheque return memo. The notice must be sent by registered post or through a notary public. If the drawer fails to make the payment within 30 days of the receipt of the notice, the payee can file a complaint against the drawer for the offence of dishonor of cheque. The time for filing complaint is 45 days from the date of sending legal notice.

It is important to note that, the limitation period of 30 days is mandatory and the payee must send a legal notice before filing a complaint under Section 138 of the NI Act, if the cheque was dishonoured. If the payee fails to send a legal notice before filing a complaint, the complaint will not be maintainable and the court may dismiss it.

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