Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Delay - Condonation of delay - Application for condonation of delay has to be filed at the time of filing of compliant - Such an application filed at the stage of final hearing rightly rejected...........
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..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Magistrate can take cognizance of complaint after the prescribed period, if complainant satisfies Court that he had sufficient cause for not making complaint within prescribed period...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Right of audience of accused in matter of condonation of delay - Magistrate shall hear complainant and accused person before prayer for condonation of delay in terms of proviso to Clause (b) to S.142 of NI Act...........
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...........
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 regard to the..........
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 petition to condone the..........
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 petition to condone the..........
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...........
