Delay in filing complaint under Section 138 of the Negotiable Instruments Act can be condoned if sufficient cause is established.

K.BABU, J.

--------------------------------------

Crl.R.P No.540 of 2025 ---------------------------------------

Dated this the 10^th day of February, 2026 O R D E R In this Criminal Revision Petition, the petitioner challenges the order dated 28.01.2025 in CMP No.462/2024 in CMP No.461/2024 on the file of the Judicial First Class Magistrate Court-I, Chittur. 2. Despite service of notice respondent No.2 did not turn up.

3. I have heard the learned counsel for the petitioner.

4. The petitioner is the complainant in CMP No.461/2024. He filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act . He pleaded that the party respondent issued a cheque for a sum of Rs.4,15,000/- in discharge of a legally enforceable debt and the same was dishonoured unpaid due to the reason “Funds Insufficient”.

5. The petitioner, on 17.08.2023, caused to issue a registered notice to respondent No.2. Even though he received the same on 22.08.2023, he has not paid the amount. The petitioner ought to have filed the complaint on or before 06.10.2023. But he filed the complaint only on 30.01.2024. Along with the complaint, the petitioner filed an application seeking condonation of a delay of 117 days under the proviso toSection 142(1)(b) of theNegotiable Instruments Act. The learned Magistrate dismissed the application holding that the petitioner failed to establish sufficient cause for condoning the delay.

6. The learned counsel for the petitioner submitted that the petitioner and respondent No.2 had a verbal agreement for the discharge of the amount due to him. It is submitted that respondent No.2 had agreed to repay the amount in four months. The petitioner believed the words of respondent No.2 and waited for filing the complaint. The learned counsel further submitted that the petitioner has business concerns outside Kerala and he had to travel in connection with his business which prevented him contacting the lawyer and filing the complaint in time.

7. I have gone through the pleadings.

8. Having regard to the reasons highlighted by the petitioner, I feel that he has established sufficient cause for condoning the delay. Therefore, the order dated 28.01.2025 in CMP No.462/2024 in CMP No.461/2024 stands set aside. CMP No.462/2024 is allowed. CMP No.461/2024, the complaint filed by the petitioner, is restored to file. The learned Magistrate shall proceed in accordance with law.

The Criminal Revision Petition is disposed of as above.

Sd/-