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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Dillar Mohallik – Appellant
Versus
Pramila Das – Respondent
| Table of Content |
|---|
| 1. acquittal based on delay in filing. (Para 1) |
| 2. dispute over service of demand notice. (Para 2 , 3) |
| 3. calculation of limitation period. (Para 4 , 5 , 6) |
| 4. court's power to condone delay with satisfaction. (Para 7) |
| 5. impugn judgment due to misapplied service date. (Para 8) |
| 6. appeal allowed; case remitted to trial court. (Para 9) |
Judgment :
G. Satapathy, J.
1. This appeal against acquittal under Section 378 (4) of the CrPC is directed against the impugned judgment dated 21.03.2016 passed by the learned JMFC-Civil Judge (Jr. Divn), Rourkela in 1CC No.455 of 2013 acquitting the accused Respondent herein of the charge under Section 138 of the Negotiable Instruments Act, 1881 (in short, “the Act”) clearly on the ground of delay in presenting the complaint before the concerned Court and that too, without delay being condoned.
2. In the course of hearing, neither the counsel for the appellant nor the Respondent dispute the aforesaid factual aspect of acquittal of the accused on the ground of delay of one day, but Mr. Malaya Kumar Mishra, learned counsel for the appellant submits that in fact no delay has been occasioned in filing the complaint, in view of the Ext.7 which di
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....
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.
The court emphasized a liberal approach in condoning delays under Section 138 of the Negotiable Instruments Act, while ensuring fairness to both parties.
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
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