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2022 (2) TMI 86 - HC - Indian LawsDishonor of Cheque - service of demand notice - legal demand notices were issued after the expiry of statutory period of 30 days set out under the N.I. Act - Section 138 read with Sections 141/142 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the present case, the primary issue raised by learned counsel for the petitioners during the course of submissions is that the legal demand notices were not issued by the complainant Company within 30 days of the receipt of information regarding dishonor of the cheques, i.e., from the date of the return memos, and thus the complaints are not maintainable. On the other hand, the complainant Company maintains that it was intimated of the dishonor of the cheques in question only when its Bank sent the aforesaid return statements, and the legal demand notices were issued within 30 days thereafter. In view of Econ Antri [2013 (9) TMI 246 - SUPREME COURT], a decision albeit rendered in relation to Section 138(c) and Section 142(b) N.I. Act, it is discernible that the words ‘of’ and ‘from’ used under Section 138 N.I. Act do not imply different meanings. It is safe to infer that the use of the word ‘of’ in Section 138(b) N.I. Act does not imply either that the day on which information regarding dishonor of cheque is received by the complainant from the bank is to be included while computing the limitation period for issuance of a valid legal notice - Applying the law to the facts of the present case, it is noted that the petitioner relies on the dates of return memos, i.e., dates of return of cheques in question, to compute the period of 30 days prescribed in the statute and contends that the legal demands notices were not issued in time. To the contrary, the complainant relies on the dates of receipt of return statements from its Bank, i.e., the dates on which intimation was received regarding dishonor of the cheques in question, to submit that the legal demand notices were issued within the statutory period. This Court is of the prima facie opinion that the legal notices were posted by the complainant Company within 30 days of the receipt of information from its Bank regarding dishonor of the cheques in question and were not time-barred. The contentions raised on behalf of the petitioner do not weigh with this Court and are accordingly rejected - Petition dismissed.
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