Cheque dishonour case 138 NI Act has been dismissed because of delay in demand notice during covid 19. I have filed a complaint under section 138 of the negotiable instrument act on 12-02-2021 after more than ten months from the date of cause of action. The case was admitted but at the stage of trial the court has dismissed the complaint because of delay in sending the demand notice to the accused. I have sent the notice to the accused in the month of October 2020 but cheque was bounced on 3rd March 2020. Complaint was filed on 12th February 2021. There was delay but due to covid 19 I was not able to file the case within time. What action should be taken against the dismissal order?
Asked from: Haryana
You should file an appeal before the High Court under section 372 of the code of criminal procedure. The order of dismissal of complaint is erroneous because due to surge of Covid 19 it was not possible to send demand notice. However the cheque was bounced on 3rd March 2020 and lockdown was called on 24th March 2020. During this period you had to send a demand notice, but the time period prescribed for the demand notice is 30 days from the date of dishonour of cheque.
That limitation was come to end on 2nd April 2020. At the that time the lockdown was called. In the Suo Motu Writ Petition (Civil) No(s).3/2020 the Hon’ble Supreme Court has extended the limitation period for any petitions/applications/suits/appeals/all other proceedings till 15th March 2021. The court has held that:
In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
Suo Motu Writ Petition (Civil) No(s).3/2020
That extension of limitation period is also applicable to the demand notice because it is a statutory requirement that the holder of cheque must send a demand notice to the drawer within thirty days from the date of intimation of dishonour of cheque.
As per the direction of the hon’ble supreme court in the aforementioned case, you are entitled to get the benefits of extension of limitation period. The limitation period was extended within the time period prescribed for issuing demand notice. Your appeal will sustain and the appellate court may set aside the order of trial court.
