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BOMBAY HIGH COURT
AFROJKHAN BASHIRKHAN PATHAN – Appellant
Versus
MANDODARA W/O. MADHAVRAO KENDRE – Respondent
JUDGMENT :
(R.M. JOSHI, J.)
1. This Petition takes exception to the order dated 07.10.2022 passed in Criminal M.A. No. 155/2020 filed under Section 142(B) of Negotiable Instruments Act (for short ‘NI Act’) for condonation of delay of 1145 days in filing complaint under the provisions of NI Act and confirmation of the said order by Revisional Court by its order dated 02.05.2023 passed in Criminal Revision no. 15/2022.
2. Respondent filed complaint bearing no. 33/2017 before learned JMFC, Nilanga under Section 138 of NI Act. It is the case of the complainant that accused had issued cheque of Rs. 3 lacs which came to be dishonoured for insufficient funds. The complainant issued notice dated 31.12.2016 by registered post which was refused to be accepted by the accused on 03.01.2017. Hence, complaint came to be filed on 15.04.2017. Petitioner/Orig. Accused appeared before learned Magistrate and filed application under Section 251 of CrPC. The order on said application was challenged before this Court by filing Criminal Writ Petition No. 1127/2018. On 11.12.2019 the said Petition came to be allowed and it is held that the complaint is pre-mature and hence, not maintainable. On 05.03.2020 Re
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
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 complaint under Section 138 of the Negotiable Instruments Act can be condoned if sufficient cause is established.
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 emphasized a liberal approach in condoning delays under Section 138 of the Negotiable Instruments Act, while ensuring fairness to both parties.
A complaint under Section 138 of the NI Act must be filed within the statutory limitation, and failure to comply with Section 142(b) regarding delay results in dismissal.
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