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    <title>Late statutory notice on bounced cheque complaint u/s138(b) NI Act leads to rejection for limitation.</title>
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    <description>A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a &quot;security cheque&quot; raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee&#039;s bank branch fell within jurisdiction. Petition allowed. - HC</description>
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    <pubDate>Tue, 06 Jan 2026 08:47:38 +0530</pubDate>
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      <title>Late statutory notice on bounced cheque complaint u/s138(b) NI Act leads to rejection for limitation.</title>
      <link>https://www.taxtmi.com/highlights?id=95759</link>
      <description>A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a &quot;security cheque&quot; raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee&#039;s bank branch fell within jurisdiction. Petition allowed. - HC</description>
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      <pubDate>Tue, 06 Jan 2026 08:47:38 +0530</pubDate>
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