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Any resignation obtained through coercion, undue influence, misrepresentation, or fraud is legally invalid. Your forced resignation is not legally binding. Suggestion - Document everything on the coercion taken place upon you for resignation
You must file the complaint under Section 138 of the Negotiable Instruments Act within 30 days after the 15-day notice period ends, meaning you have 45 days from the notice date to initiate legal action.
Here's the complete timeline you need to follow:
**Critical Time Deadlines:**
1. **Legal Notice**: A written demand notice must be sent to the drawer within 30 days of receiving the cheque return memo.
2. **Payment Period**: The drawer has 15 days to clear the debt after receiving the notice.
3. **Filing the Complaint**: The complaint must be filed within 30 days from the expiry of the 15-day notice period.
**Important Preconditions:**
- The cheque is valid only for three months from the date written on its face. If you deposit it after this period, the bank will mark it as a "stale cheque" and you cannot file a case.
**Key Warning:**
If you fail to send the legal notice within 30 days of receiving the cheque return memo, you lose the right to file a criminal complaint under Section 138.
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Adv. Jain Vishesh holds Bar Council enrolment number D/2172/2021. We recommend verifying credentials independently before engaging any legal professional.
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Adv. Jain Vishesh is based in Delhi, Delhi. Questions can be submitted online via LegalFirms.in regardless of your location.
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