Showing : 1-10 of 13 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay in filing complaint - Condonation - While considering application for condonation of delay, it is always desirable to take a liberal and not a rigid or too technical view and Court has to keep in mind that discretion in the case has to be exercised to advance..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay of 28 days in filing complaint - Condonation - Complainant being the only son of his father could not file the complaint in time as his father had suffered a fracture - Complainant is not required to explain delay of each and every day - It is sufficient if sufficient..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5-- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in filing..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint - Delay - Condonation - Insertion of proviso to S.142(b) in 2002 confers a jurisdiction upon the Court to condone the delay - However, insertion of the proviso is not retrospective in nature...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Complaint - Delay - Condonation - 13 days delay - Supported by an affidavit - Court should take a reasonable view in condoning the delay - Delay can be condoned in the interest of justice having regard to the nature of transaction and the amount involved and also having..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138(b)-- Dishonour of cheque - Notice - Delay - Condonation of delay - Held, there is no power with Court to condone delay in issuing notice as contemplated u/s 138(b) of the Act...........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Delay - Application for condonation of delay not filed alongwith complaint - It is a curable defect - Complainant directed to file affidavit setting out reasons for delay in filing complaint and trial Court directed to provide opportunity to accused to raise their..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint - Delay - Condonation - Delay of thirteen months - Reason stated negotiations were going on - Accused borrowed a sum of Rs.one lakh - Stake quite heavy - Complainant has given sufficient reasons for condoning the delay and he had also taken steps to settle the..........

Showing : 1-10 of 13 Results