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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
H. S. Oberoi Buildtech Pvt. Ltd. – Appellant
Versus
Msn Woodtech – Respondent
ORDER
Heard learned counsel for the parties.
2. Leave granted.
3. The appellants have moved this Court against the order dated 21.11.2024 passed by the High Court by which the order summoning the appellants by the courts below in a case filed under Section 138 of the Negotiable Instruments Act, 1881 (in short, the ‘Act’), has been upheld.
4. Learned counsel for the appellants submitted that the simple point to be considered in the present case is whether the Trial Court could have issued summons when admittedly the petition under the Act was filed five days beyond the maximum period of 30 days from the cause of action. It was submitted that the Trial Court, in fact, has gone totally beyond the records and has categorically stated in the order issuing summons that the petition filed by the respondent was within the limitation period. Learned counsel submitted that though there is power to condone the delay under proviso to Section 142 of the Act, but the same has to be exercised only upon a proper application/affidavit filed by the complainant disclosing reasons for such delay.
5. Per contra, learned counsel for the respondent submits that once the statute confers power on the Court to t
Complaint – Limitation period – Where facts are admitted that complaint was filed beyond time prescribed under Statute, there cannot be automatic or presumed condonation – Once Statute prescribes a m....
A complaint under Section 138 of the NI Act must be filed within one month from the date of the cause of action, but courts can condone delays upon showing sufficient cause.
The court upheld the summoning order under Section 138 of the NI Act, confirming that the complaint was filed within the limitation period and a prima facie case was established against the petitione....
Point of Law : Proviso of Section 142(b) of the N.I. Act which confers jurisdiction upon the Court to condone the delay.
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
The court can condone delays in filing complaints under the Negotiable Instruments Act if satisfied with a sufficient cause, assessing the substance of justice over technicalities.
A complaint under Section 138 of the Negotiable Instruments Act cannot be maintained if filed beyond the limitation period without a condonation application. Interference in acquittals requires stric....
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