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NEUTRAL CITATION NO. 2026:MPHC-GWL:4478

1 MCRC-39787-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 4 OF FEBRUARY, 2026

MISC. CRIMINAL CASE No. 39787 of 2024

NARESHBABU SHARMA

Versus

RAJA BHELSEWEALE

Appearance:

Mr. Anmol Khedkar - Advocate for the petitioner.

Mr. Akhilesh Dubey - Advocate for the respondent [R-1].

ORDER

The present petition under Section 528 of the BNSS has been filed

against the order dated 01.08.2024, passed in Cr.R. No. 18 of 2024 by the I

Additional Sessions Judge, Vidisha. By the impugned order, the learned

Revisional Court affirmed the interim order dated 10.05.2024, passed by the

JMFC, Vidisha, in Case No. SCNIA 365 of 2018.

2. Brief facts of the case are that a complaint was filed under Section

138 of the Negotiable Instruments Act, stating that the respondent/accused

issued a cheque for Rs. 2,50,000/- on 08.08.2018. The said cheque was

dishonored on 10.08.2018. Consequently, the petitioner sent a legal notice to

the respondent on 21.08.2018, which was received on 04.09.2018. Despite

receipt of the notice, the respondent failed to pay the amount; hence, the

petitioner filed the complaint under Section 138 of the NI Act on

23.10.2018.

Signature Not Verified

Signed by: LOKENDRA JAIN

Signing time: 2/5/2026

12:07:37 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4478

2 MCRC-39787-2024

3. Counsel for the petitioner submits that the learned Court of the

JMFC took cognizance without initially addressing the issue of delay. The

respondent appeared before the Trial Court on 23.11.2022, and on

26.11.2022, particulars of the offence were read over to him. During cross-

examination, the respondent raised an objection regarding limitation,

contending that the complaint was barred by time as it was delayed by one

day. Furthermore, the respondent argued that since an application under

Section 142(b) was not enclosed, the complaint was not maintainable.

4. Subsequently, the complainant filed an application under Section

142(b) of the NI Act, read with Section 5 of the Limitation Act, seeking

condonation of the one-day delay. It is submitted that the complaint was due

to be filed by 19.10.2018; however, due to court holidays, it ought to have

been filed on Monday, 22.10.2018. As the complaint was filed on

23.10.2018, the delay was not intentional but resulted from a calculation

error and the complainant’s illness on 22.10.2018.

5. The learned Trial Court rejected the said application. Aggrieved, the

petitioner preferred a revision (Cr.R. No. 18 of 2024), which was also

dismissed by the Revisional Court, upholding the order of the JMFC. The

present petition has been filed against these concurrent findings.

6. Counsel for the petitioner has placed reliance upon the judgment

passed by the Tripura High Court in Sumit Deb Vs. Joy Deb and Anr.

[(2022) 3 BC 325], as well as the judgment of the Madras High Court in

Rahamathullah @ Maulana Vs. P.A.K. Manoharan [2015 Cri L.J. 3573]. In

these cases, the Courts remanded the matters to the Trial Court with

Signature Not Verified

Signed by: LOKENDRA JAIN

Signing time: 2/5/2026

12:07:37 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4478

3 MCRC-39787-2024

directions to pass fresh orders in accordance with the law, after providing

both parties a due opportunity of being heard.

7. Counsel for the State vehemently opposed the contentions made by

counsel for the petitioner. Counsel for the State relied upon the judgment

passed by this Court in the case of Keshav Chouhan Vs. Kiran Singh

(M.Cr.C. No. 1470 of 2013, decided on 23.06.2014), wherein the Court held:

"(b) Negotiable Instruments Act, S. 142(b) – An application

under the proviso to clause (b) of Section 142 must be filed along

with the complaint; such an application is not maintainable at a

subsequent stage, i.e., after cognizance has been taken. If the

Magistrate takes cognizance on the basis of a time-barred

complaint, this defect cannot be cured by filing an application for

condonation of delay at a later stage."

In light of the