Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Suit Decree Date (28/06/2025) and Appeal Filed Date (05/11/2025) - There is a delay of approximately 130 days between the decree and the filing of the appeal. Sources: Multiple references, notably the case with appeal filed on 05/11/2025
Copy Application Ready Date (13/08/2025) - The certified copy was available about 74 days before the appeal was filed, indicating the delay in obtaining the copy was not the primary issue in the delay calculation. Sources: Multiple sources
Overall Delay in Filing Appeals - Several cases show significant delays:
A particularly long delay of 3331 days (approximately 9 years) was found unsatisfactory and not condoned. Source: 2025 Supreme(Online)(Ker) 67474
Legal Proceedings Timing - Many appeals and applications were filed months after the decree or judgment, with delays ranging from a few months to several years.
Analysis and Conclusion:The specific case in question involves a decree dated 28/06/2025, with the copy application filed on 05/07/2025, the copy ready on 13/08/2025, and the appeal filed on 05/11/2025. This results in an approximate delay of around 130 days from the decree date to the appeal filing date.In comparison to other cases, this delay is moderate; some cases have condoned delays of over two years, while others with delays exceeding 9 years have been rejected.Therefore, the total delay between the decree and the appeal filing is approximately 130 days.
Cheque bounce cases under (NI Act) are among the most common legal disputes in India, often arising from business transactions gone sour. If you're a payee who has sent a legal notice to the accused drawer of a , timing is critical. Missing the window to file a complaint can jeopardize your case. A frequent query is: When is the last date to file a 138 complaint without delay if the lawyer notice is received by the accused on ?
This article breaks down the statutory timelines, precise calculation for this date, potential pitfalls, and options if there's a delay. While this provides general guidance based on established legal principles, it is not legal advice—consult a qualified lawyer for your specific situation.
kicks in when a cheque is dishonoured due to insufficient funds or other reasons. The process unfolds in stages:
These periods are strict but not absolute—courts may condone delays for sufficient cause under the proviso to Section 142(b).
Key note: File before court closure on 30.12.2025 to avoid issues. Holidays may extend via , but plan conservatively.
Valid service is proven by postal acknowledgment or courier proof. Courts accept under if sent to correct address. Any dispute on receipt date can shift timelines—hence, precise documentation is vital.
The is directory, not mandatory. Courts condone delays if sufficient cause exists, balancing justice with diligence. Factors include:- Genuine reasons (illness, lawyer issues, natural calamities).- No negligence or bad faith.- Minimal delay.
Courts often examine procedural lapses akin to NI Act filings. For instance, in a case where a certified copy of judgment was applied for on and received on , the delay was noted in appeal filing, emphasizing timely action post-receipt. 2025 Supreme(Online)(Del) 9680
Counsel submits, that on , the appellant (plaintiff in the suit) applied for a certified copy of impugned judgement dated ... and its certified copy was received by him on . 2025 Supreme(Online)(Del) 9680
Similarly, succeed if no error apparent but changed circumstances revive the matter. A review to recall a judgment dated was disposed on without recall, yet appeals can be revived. 2025 Supreme(Online)(Raj) 14299
A review application was filed... to recall the judgment dated ibid, which was disposed of vide order ... 2025 Supreme(Online)(Raj) 14299
In , delays due to pending appeals are considered, with stays granted to prevent irreparable harm pending compliance. 2025 Supreme(Online)(AP) 7152
The may stay execution of a decree pending an appeal to prevent irreparable harm, conditioned upon the petitioner meeting certain obligations. 2025 Supreme(Online)(AP) 7152
These principles apply analogously to Section 138: courts restore or condone if merits demand, as in appeals deemed infructuous but revived post-suit restoration. 2025 Supreme(Online)(Raj) 14299
Failure to comply with undertakings or orders leads to dismissal, underscoring diligence. 2025 Supreme(Online)(P&H) 4122
Court upheld execution of decree as no stay was issued during the appeal process, emphasizing the necessity of compliance with court undertakings. 2025 Supreme(Online)(P&H) 4122
Checklist for Filing:1. Gather cheque, bank memo, notice copy, proof of service.2. Draft complaint under Section 138/142 NI Act.3. File in within 30.12.2025.4. Pay court fees; serve summons.
Post-conviction, execution mirrors civil decrees. Stays require deposit or surety. In one case, execution stayed pending appeal compliance. 2025 Supreme(Online)(AP) 7152
Appeals under need certified copies, where delays in procurement are factored. 2025 Supreme(Online)(Del) 9680
Even in suits, readiness and timelines are scrutinized, denying relief for delays. 2025 0 Supreme(Kar) 981
can be denied if the plaintiff does not demonstrate readiness and willingness to complete the contract within the agreed timeframe. 2025 0 Supreme(Kar) 981
For notice received on 15.11.2025, the safe last date to file your Section 138 complaint without delay is . Act promptly to avoid condonation battles. While courts show flexibility for genuine delays—drawing from precedents on restorations, stays, and certified copy waits—procrastination risks dismissal.
Key Takeaways:- Timeline: 15 days payment + 30 days filing.- Precise date: 30.12.2025.- Delay? Seek condonation with strong cause.- Always document everything.
Stay compliant, protect your rights, and consult a legal expert. Cheque bounce resolutions hinge on timing!
This article is for informational purposes only and reflects general principles as of current law. Laws evolve; verify with professionals.
#Section138, #ChequeBounce, #NIAct
Subsequent thereto, the respondent herein applied for a certified copy and filed a proceedings under Order IX Rule 13 of the Code for setting aside the ex-parte judgment and decree dated 24.05.2022 in Title Suit No.02/2020 on 02.07.2024. ... Along with the Appeal which was registered as Title Appeal No.11/2024, the respondent herein a....
Special Appeal Defective No.345 of 2025 has been filed with a delay of 533 days whereas Special Appeal Defective No.418 of 2024 has been filed with a delay of 348 days. First of all, we may consider the explanation for the delay. 3. ... We are now considering the affidavit in support of the application#HL_....
11. The present leave to appeal is filed with a delay of 205 days. Apart from the usual excuses which are taken by the Government Departments, no worthy reason has been mentioned which would entitle the application for condonation of delay, that is, CRL. ... At the very outset, this Court finds it apposite to deal with the application#HL_END....
A review application was filed by applicant/appellant herein to recall the judgment dated 29.01.2025 ibid, which was disposed of vide order 13.05.2025 dated with certain observation but appellate order dated 29.01.2025 was not recalled as no error apparent on record was found to exist. ... However, he would argue that the cause of action to file the present ap....
Counsel submits, that on 28.04.2010, the appellant (plaintiff in the suit) applied for a certified copy of impugned judgement dated 26.04.2010, whereby his suit for recovery of money was partly decreed; and its certified copy was received by him on 13.05.2010. ... 11. Counsel submits, that the appellant has filed a....
This application has been filed to dispense with the certified copy of the order dated 03.07.2025 passed in E.P.No.149 of 2025 in O.S.No.423 of 2018 on the ... The suit was decreed in favour of the respondent/plaintiff. ... In the said appeal, the petitioner has also filed an application under Order....
The appellant-petitioner was directed to file the correct address within seven days, and fresh notice was ordered for 06.05.2025. Vide interim order dated 06.05.2025 (Annexure P-5), correct address was filed and notice issued for 11.07.2025, to be taken ‘dasti’. On 11.07.2025 (Anne....
The present Appeal was filed on 09-06-2025 along with an application (I.A.No.2 of 2025) seeking condonation of a delay of 629 days in filing the Appeal. The parties have filed their respective affidavits in the I.A. ... nor filed any Appeal, but the claimant filed E.P.No.345 of 202....
8. The Trial Court by its judgment and decree dated 05.03.2024, decreed the suit of the plaintiff and pass the following order: “Suit of the plaintiff is decreed with cost. ... Learned counsel for the appellant/defendant No.1 further submits, on instructions, that the appellant/defendant No.1 is ready and willing to refund a total sum of Rs.15,00,000/-, and has #HL_STA....
After the pronouncement of judgment in AS No.16/2014 dated 02.06.2015, the application for certified copy of the judgment was filed on 24/08/2024, and the copy was ready on 03/09/2024 and the date notified to receive the copy was on 06/09/2024 and the copy was delivered on 07/09 ... Later the appeal was considered on 11#HL_E....
12. On 01.05.2025, police has filed the supplementary status report, disclosing therein, that the information, regarding the antecedents of the applicant, was obtained from Police Station Kupvi and as per the information, no other case is found to have been registered against him. Investigation, in the present case, is stated to be completed and only challan is to be prepared. 13. In the status report, which has been filed on 13.05.2025, similar stand has been taken. 14. On t....
16. In the aforesaid terms, present petition is disposed of, so also, pending applications, if any. List for compliance on 13.05.2025.
a. on Rs. 10.80 crore, from 18.05.2024 to 18.03.2025; andb. on Rs. 16.20 crore from 23.05.2025 to 18.03.2025. 15. Let the sum on account of interest be paid within 7 (seven) days. 16. We are informed that sale certificate has been issued in favour of GRT Hotels by Edelweiss ARCL. 14. Learned counsel appearing for Edelweiss ARCL has left the rate of interest to be awarded to our discretion. We direct that the sum of Rs.27 crore which has been returned to GBJ Hotels, shall carr....
5. As prayed, ten days time is granted to respondent no. 4 as also to respondent no.5 to file the affidavit in terms of the order dated 03.10.2024 after serving a copy to learned counsel for the petitioner as also learned counsel representing the UOI and the All India Chess Federation of India. 6. List on 07.05.2025 to be placed high on board. 7. We also direct the learned counsel representing all the respondents to complete their instructions.
5. As prayed, ten days time is granted to respondent no. 4 as also to respondent no.5 to file the affidavit in terms of the order dated 03.10.2024 after serving a copy to learned counsel for the petitioner as also learned counsel representing the UOI and the All India Chess Federation of India. 7. We also direct the learned counsel representing all the respondents to complete their instructions. 6. List on 07.05.2025 to be placed high on board.
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