Reference: Filing of the Complaint Case under Section 138 of the Negotiable Instrument
Act, 1881, A/c. M/s. Company 1.
We refer to the above subject-matter and the legal notice vide No. …………….. dated 10.01.2008.
Please note that as per your instruction, we served the legal notice upon the captioned defaulter under Section 138 of the Negotiable Instrument Act, 1881 on 10.01.2008. In that notice we allowed the defaulter to repay the cheque amount within 30 days from the date of receipt of the legal notice. The time given to the defaulter to make payment so far expired. The Complaint Case under Section 138 of the Negotiable Instrument Act, 1881 is to be filed within 30 (thirty) from the date of the notice, if the notice is not received or from the date of the receipt of the notice. In accordance with the said provision, the time to file the Complaint Case is commenced and the last date of filing the petition is on 08.03.2008.
We received a reply of the legal notice from Barrister Mr. X, acting on behalf of the M/s. Company 1 which is self explanatory.
In the circumstances stated above, please inform us with specific instruction to file the Complaint Case. If you have further query, please do not hesitate to contact us.
For: “The Lawyers & Jurists”