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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 08^th December, 2025

Pronounced on: 22nd December, 2025

+ W.P. (CRL.)2164/2025

SAJID KHAN

S/o Master Munshi Khan

House No.H.53/A, First Floor,

Abul Fazal Enclave, Jamia Nagar,

New Friends Colony,

New Delhi-110025.

......Petitioner

Through: Mr. Rachit Gupta and Mr. Zishaan

Iskandari, Advs.

versus

1. STATE

Through SHO

P.S. New Friends Colony.

2. TASLIM UMAR

S/o Mohd. Umar

R/o 3^rd Floor, Sangam Plaza,

Nagla Mallha, Tayyab Colony,

Sir Syed Nagar, Koil

Aligarh,

Uttar Pradesh-202002.

Also at:

A-5, Lock A, Joga Bai Extension,

Jamia Nagar, New Delhi-110025. .....Respondents

Through: Mr.Anand V. Khatri, ASC for the

State with Mr. Anand Dahiya,

Advocate and with SI Naveen, PS

New Friends Colony.

Signature Not Verified

Signed By:VIKAS W.P. (CRL.)2164/2025 Page 1 of 7

ARORA

Signing Date:22.12.2025

17:43:49

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 has been filed on behalf of the Petitioner, Sajid Khan to

challenge the Order dated 22.05.2025 whereby the learned JMFC has

dismissed the Complaint under Section 138 of the Negotiable Instruments

Act, 1881 (hereinafter referred to as “NI Act”), as barred by limitation.

2. The brief facts are that the Complaint under Section 138 NI Act in

respect of dishonour of cheque of Rs.6 lakhs issued in favour of the

Petitioner by Respondent No.2 on account of ‘insufficiency of funds’, was

filed by the Petitioner on 27.02.2020. An Application for condonation of

delay by way of abundant caution as the Legal Notice of Aligarh address,

was not showing any update for some time.

3. The learned JMFC vide Order dated 22.05.2025 dismissed the

Application for Condonation of delay by observing that there was a

presumption of delivery of the Legal Notice which expired after 30 days.

Thus, there was a delay of 27 days which remained unexplained.

Consequently the Complaint was dismissed vide impugned Order dated

22.05.2025.

4. The Petitioner/Complainant has challenged the impugned Order on

the grounds that the Petitioner had sent the Legal Notice under Section 138

NI Act dated 15.11.2019, through registered Post to Respondent No.2 at the

address of Delhi and Aligarh. The Notice sent at Delhi address was received

Signature Not Verified

Signed By:VIKAS W.P. (CRL.)2164/2025 Page 2 of 7

ARORA

Signing Date:22.12.2025

17:43:49

back on 13.12.2019 with the remarks that “no such person resides at the

given address”.

5. However, the post sent to Aligarh address was not received back and

the Tracking Report was not showing any status for the long time. The

Complainant tried to contact the Post Office, but the Department stated that

as the online status was not being shown, there was a possibility of the item

being in transit. The Petitioner, therefore, bonafidely waited for reasonable

time for the delivery of the Legal Notice, after which he had filed his

Complaint under Section 138 NI Act on 27.02.2020. It is submitted that the

delay, if any, was for the bona fide act of the Complainant who waited for

reasonable time to ensure the service of Legal Notice. Pertinently,

Respondent No.2 in further admission of his liability transferred some more

amount towards his part liability.

6. It is submitted that there was no wilful delay on the part of the

Petitioner; in fact he was under the bona fide impression that the Legal

Notice is still in transit and was, therefore, unserved as was informed by the

Postal Department verbally.

7. There is a presumption of service of post as per Section 27 of the

General Clauses Act. The learned JMFC erred in not interpreting the

provisions liberally that such presumption is to benefit the drawer and it

should not be stretched to haunt the Complainant, by putting a limitation of

30 days of delivery. There was otherwise, no unreasonable and unnecessary

delay, which was caused only to wait for the delivery of the Legal Notice.

8. Furthermore, Section 27 of the General Clauses A