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SAUMITRA DAYAL SINGH
Sunita Agarwal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. complaint filed with delay under ni act. (Para 2) |
| 2. arguments on the necessity of serving notice. (Para 3 , 4) |
| 3. court's observations on delay procedure. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. application allowed; remittance to lower court. (Para 13 , 14 , 15) |
JUDGMENT
Saumitra Dayal Singh, J.
Heard Shri Ashish Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
2. Challenge has been raised to the order dated 13.12.2021 passed by the Civil Judge (Junior Division), Fast Track Court, Judicial Magistrate, Ghaziabad in Complaint Case No. 1690 of 2021 (Ashwani Bhatnagar v. Sunita Agarwal), filed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act'). Undisputedly, the above criminal complaint was filed with delay. The cheque in question was dishonoured on 13.06.2018. It was returned with the dishonour memo on 28.06.2018. Legal notice was first issued to the Opposite party no. 2 on 26.07.2018 where after criminal complaint was lodged on 27.10.2018. As to the delay in lodging the complaint, the learned court below has condoned the delay and thereafter taken cognizance on the complaint and summone
(1) Cognizance of offence – Power conferred upon Court to take cognizance of a belated complaint is subject to complainant first satisfying Court that he had sufficient cause for not making complaint....
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.
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 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: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....
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