Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction along with application for condonation of delay - Order to deposit 50% of compensation amount as a pre-condition for hearing appeal and application - Minimum of 20% of compensation amount may be directed to be paid at the time of hearing of appeal - Appellate Court..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay of 1319 days in filing revision petition - Condonation of delay - There is hardly any convincing reason or any reason for that matter cited in seeking condonation of inordinate delay of 1319 days except for a bald averment that petitioner tried to arrange for money..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Condonation of delay in filing revision - Delay of 2131 days in filing revision - No sufficient cause has been made out for such delay in application - Accused has already undergone approximately 7 months - No cause therefore is made out to condone inordinate delay - Application for..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........
