Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
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 substantial justice...........
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 cause for delay is given..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Accused is not entitled to hearing before Court considers taking cognizance of time barred complaint for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Court has to record satisfaction that complainant had sufficient cause for not making the complaint within period prescribed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Statutory notice was given by complainant's counsel from his office at "T" - Held, issuance of notice alone will not give rise to a cause of action to maintain complaint before Judicial Magistrate "T" - Judicial Magistrate "T" does not have territorial jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Condonation of delay and extension of time can be done only after giving the proposed accused an opportunity of being heard...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........
