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SHEKHAR KUMAR YADAV
Ajay Prakash Mishra – Appellant
Versus
State of U. P. – Respondent
What is the impact of filing a Section 138 NI Act complaint beyond the prescribed limitation period on cognizance? What is the effect of minor irregularities in cognizance on the validity of the order in a Section 138 NI Act case? What is the court’s stance on the magistrate’s power to condone delay under Section 142(1) and its effect on quashing a time-barred complaint?
JUDGMENT
Shekhar Kumar Yadav, J.
The present 482 Cr.P.C. application has been filed to quash summoning order 17.9.2018 as well as entire proceedings of Complaint Case No. 02 of 2018 (Vinay Kumar Patel v. Ajay Prakash Mishra) under Section 138 of Negotiable Instrument, P.S. Cholapur, District Varanasi, pending in the court of Additional Chief Judicial Magistrate Court No.1, Varanasi.
2. The learned counsel for the applicant submitted that the legal notice issued in this case was accepted by the accused on 09.11.2017, however, the complaint was filed on 04.01.2018, therefore, it is argued that, the complaint was filed after expiry of the statutory period and the cognizance taken in this matter without condoning the delay. He next submitted that cognizance has been taken by the Court below on a time barred complaint and as such, the complaint is liable to be quashed. In this connection, reliance is placed on the case of Prem Chand Vijay Kumar v. Yashpal Singh and another, reported in 2005(3) PLJR SC 115, SIL Import, USA v. Exim Aides Silk Exporters, Bangalore , (1999) 4 SCC 567 .
3. Learned AGA for the State opposed the prayer of the applicant and submitted that order of cognizance ca
(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....
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.
Since in interpretation of statutes Court always presumes that legislature inserted every part thereof for a purpose and legislative intention is that very part should have effect above conclusion ca....
The complaint must be filed within the specified time limit as per the provisions of the Negotiable Instruments Act, and issues regarding the nature of debt are addressed during trial.
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 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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