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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.UMA
Prakash, S/o. Saibanna – Appellant
Versus
Ganapati, S/o. Manjappa – Respondent
ORDER :
M G UMA, J.
The revision petitioner being the complainant in C.C.No.5720/2016 on the file of learned Principal Civil Judge and JMFC, Kalabuargi (hereinafter referred to as ‘the Trial Court’), is impugning the judgment dated 03.10.2022 passed in Criminal Appeal No.48/2021 on the file of the learned III Additional District and Sessions Judge, Kalaburagi, (hereinafter referred to as ‘the First Appellate Court’), allowing the appeal filed by the accused and setting aside the judgment of conviction dated 25.10.2021 passed by the Trial Court and thereby dismissing the compliant and acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I. Act’).
2. Brief facts of the case are that, the complainant has filed the private complaint before the Trial Court contending that, the accused had borrowed an amount of Rs.3,00,000/- agreeing to repay the same. Towards repayment of the loan, the accused had issued a cheque- Ex.P1 for Rs.3,00,000/-. When the cheque was presented for encashment, the same was dishonoured, as there was insufficient fund in the account of the accused. Legal notice was issued by the complainant to the accuse
The court emphasized the legislative intent of Section 142(1)(b) to allow for the condonation of delays in filing complaints under the Negotiable Instruments Act, prioritizing equitable justice by al....
Point of Law : Proviso of Section 142(b) of the N.I. Act which confers jurisdiction upon the Court to condone the delay.
Point of law:Delay in filing complaint – Notice - When there is a delay in filing the complaint, necessarily the complainant will file an application for condonation of delay. When such application i....
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
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....
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.
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