S-138 of N.I.Act when demand notice returned "No such addressee"
The complainant made use of a blank cheque signed by the accused given to the wife of the complainant in 2001 which along with promissory note for Rs.30,000/- of the year 2001 in the name of complainant were not returned when the due there under was discharged in the year 2004. The complainant made use of that cheque filling in the blanks dated dated 25-6-2008 scribed by some other for an amount of Rs. 90,000/ - towards part payment of a fabricated and forged promissory note alleged to be executed by the accused on 24-01-2008 ascribed by some body. Complainant sent demand notice on 28-07-2008 to accused with wrong description of his address after dishonor of cheque and the same was returned with an endorsement "No such addressee in this office and hence returned and the same was received by complainant on 06-08-2008. Is it necessary to keep 15 days time to accused as stipulated in notice or can the complaint be filed within 30 days from the date of receipt of notice by the complainant? If the complaint in such case is filed after 32 days is it barred by limitation? I will be great-full and much oblised for your kind clarifications and advises of necessary steps and cautions to be taken by the accused with relevant citations to support case of the accused. Thanking you Sir, Puchhalapalli Rama Krishna Reddy,