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In some cases, the courts have set aside convictions or sentences based on settlement or compromise, especially when delays are condoned, emphasizing the remedial nature of the proceedings ["Ishwarlal VS State of Rajasthan - Rajasthan"].
Analysis and Conclusion:
References:- ["GOPAL KUMAR AGARWAL vs SK. ABDUL HASERA - Calcutta"]- ["Raja Khan S/O Lt. Bullu Khan VS Prafulla Ch. Bhuyan - Gauhati"]- ["Hiren Ashwin Shah VS State of Maharashtra - 2024 0 Supreme(Bom) 363"]- ["Amal Kumar Shee @ Amal Shee VS Baburam Naskar - Calcutta"]- ["Arvind Kumar Thakur, S/o. K. K. Thakur VS Pooja Gupta, W/o. Ritesh Gupta - Chhattisgarh"]- ["Gautam Saikia VS Diganta Sarmah - Dishonour Of Cheque"]- ["P.S. Madhusoodanan vs Alamelu Ammal - Kerala"]- ["M/S DEVGAN MEDICAL AGENCIES AND ANOTHER Vs STATE OF PUNJAB AND ANOTHER - Punjab and Haryana"]- ["Ishwarlal VS State of Rajasthan - Rajasthan"]- ["TEJAS DINESCHANDRA KANSARA VS STATE OF GUJARAT - Gujarat"]- ["Girraj Sharma VS Devender - Punjab and Haryana"]
In the fast-paced world of business transactions, cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) are commonplace. However, missing the strict one-month deadline for filing a complaint can jeopardize your case. This is where a condonation prayer—seeking forgiveness for the delay—becomes crucial. If you've ever wondered, What is a 138 NI Act condonation prayer?, this guide breaks it down.
We'll explore the legal framework, judicial approach, key factors courts consider, and practical tips, drawing from established case law. Note: This is general information based on precedents and not specific legal advice. Consult a lawyer for your situation.
Section 138 NI Act penalizes the dishonour of cheques due to insufficient funds or other reasons, treating it as a criminal offence. The complaint must typically be filed within one month from the date the cause of action arises (usually after the 15-day notice period post-dishonour).
But life happens—health issues, misunderstandings, or administrative hurdles can cause delays. Enter Section 142(b) of the NI Act, which allows courts to condone delays if sufficient cause is shown, often invoking Section 5 of the Limitation Act, 1963 principles. Courts generally adopt a liberal approach, prioritizing justice over rigid timelines, provided the delay isn't due to negligence. Gopal Pratapram Purohit VS K. S. Maideen Batcha - 2015 0 Supreme(Mad) 989
Condonation under Section 138 is discretionary, exercised judiciously based on case facts. Courts emphasize: The phrase 'sufficient cause' as occurring in section 5 of the Limitation Act pertains to the establishment of the appropriate facts before the Court to which the Court can apply its mind and arrive at a conclusion regarding the sufficiency of the cause or otherwise. State of Rajasthan VS Bal Kishan Mathur (D) through LRS. - 2013 6 Supreme 765
A liberal stance prevails when bona fide reasons exist. For instance, delays due to health issues or genuine misunderstandings are often condoned if backed by evidence like medical certificates. Hiren Ashwin Shah VS State of Maharashtra - 2024 0 Supreme(Bom) 363E. Mani VS R. P. S. Ponraaj - 2017 0 Supreme(Mad) 2434
You don't need to file the condonation application simultaneously with the complaint. Courts accept later filings if sufficient cause is demonstrated. Piyush Kumar Pappu VS Mukesh Kumar Bharti - 2023 0 Supreme(Del) 3918
Steps to Follow:1. File the complaint with a separate condonation application under Section 142(b) NI Act or Section 5 Limitation Act.2. Detail the delay reasons with evidence (e.g., delay of 138 days due to specified causes). Devendra Kumar vs Susheem Kumar - 2026 Supreme(Online)(MP) 6383. Serve notice on the accused and argue after hearing both sides—mandatory for natural justice. Manish Maseih S/o Late Shri S. E. Maseih VS Babulal Sen S/o Pancham Lal Sen - 2016 Supreme(MP) 832Piyush Kumar Pappu VS Mukesh Kumar Bharti - 2023 0 Supreme(Del) 3918
In a case with a 15-20 day delay cited due to the cheque holder's death, courts upheld condonation when reasons were bona fide, stressing correct procedure. Vinod Chaurasiya VS R. S. Bhadoriya - 2017 Supreme(MP) 311
Pro Tip: File as early as possible, ideally with the complaint, but late petitions aren't fatal if justified.
Courts must hear both parties before deciding. Failing this violates principles of natural justice. In one instance, a trial court was directed to adjudicate the condonation after hearing arguments, quashing premature complaint registration. Manish Maseih S/o Late Shri S. E. Maseih VS Babulal Sen S/o Pancham Lal Sen - 2016 Supreme(MP) 832
For legal heirs filing complaints, they qualify as holder in due course, and delays may be condoned similarly. Rikta Pal Sarkar W/o Late Sankar Prasad Sarkar @ Sankar Sarkar VS Milan Pal S/o Late Suresh Chandra Pal - 2017 Supreme(Tri) 351
Not all delays qualify:- No Sufficient Cause: Empty envelopes or unproven notices. Nandlal Gangaram Ranglani VS Mahak Amit Ranglani - 2018 Supreme(Bom) 1034- Wrong Provision Cited: But technical errors don't doom the case if merits hold. Vinod Chaurasiya VS R. S. Bhadoriya - 2017 Supreme(MP) 311- Post-Limitation Bar: Section 142 NI Act doesn't always allow condonation if no cause shown, though liberal views prevail. Rikta Pal Sarkar W/o Late Sankar Prasad Sarkar @ Sankar Sarkar VS Milan Pal S/o Late Suresh Chandra Pal - 2017 Supreme(Tri) 351
Condonation prayers under Section 138 NI Act offer a safety net for genuine delays, with courts favoring a liberal, justice-oriented approach. Success hinges on proving sufficient cause without negligence, supported by evidence and fair hearings.
Takeaways:- Act promptly with strong evidence.- Prioritize natural justice.- Compromise can resolve even aged cases.
Disclaimer: Laws evolve, and outcomes vary. This overview draws from precedents like those cited; always seek tailored legal counsel.
#NIAct138, #CondonationDelay, #ChequeBounce
Case No. 221 of 2016, under Section 138 of the N.I. ... However, on 12.09.2022, the Learned Magistrate rejected the prayer of the petitioner to re-hear the application filed for condonation of delay under Section 5 of the Limitation Act by the complainant after hearing the Petitioner. ... The proceedings under Section 138 of the N.I. Act are quasi-judicial in nature. It reflects criminal as well as civil liability. Therefore, the opposite party ought to have been gi....
The aforesaid CR Case No. 3437/2009 was filed by the petitioner under Section 138 of Negotiable Instrument Act, 1881. 4. An averment was made in the complaint that there was 19 days delay in filing the complaint and therefore, a prayer for condonation of delay was made. ... According to the learned Magistrate, such delay of one day in breach of mandate of Section 138(b) of the N.I. Act cannot be condoned by the Court. 7. Section 138 (b) of the N.I. .....
It is also trite that the courts should adopt a liberal approach in considering the prayer for condonation of delay, as the adjudication of the matter on merits rather than on technicalities promotes the cause of justice. ... The aforesaid submission regarding the nature of the proceeding under Section 138 of the Act, cannot be subscribed to, unreservedly. Chapter XVII came to be inserted in the N.I. ... As the accused committed default, despite giving promises, the complainant filed a complaint under S....
Now the question is whether the proposed accused persons have right of audience in the matter of condonation of delay in making the complaint under section 138 of the NI Act. ... However, when the petition of complaint was filed, the amendment has come into force, as such the prayer for condonation of delay was entertainable. Now a Division Bench of this Court way back in 1981 in Asiatic Oxygen and Acetylene Co. Ltd v. ... C-359 of 2017, under Section 138 of the Negotiable In....
Section 138 of the NI Act provides for speedy remedy in a criminal forum, in relation to dishonour of cheques. ... Prayer was made to set aside the conviction and sentence as recorded by the trial Court. 9. The aforesaid appeal, as filed on 13.07.2015, was accompanied by an application for condonation of delay. ... All the necessary ingredients of Section 138 of the NI Act were duly proved on record. Ld. trial Court had rightly convicted the accused after proper appreciation of evide....
Section 138 of the Act. Petitioner appeared and was granted bail. Finding a prima-facie case, notice of accusation for the commission of offence punishable under Section 138 of the Act filed by the petitioner in terms of compromise (Annexure A-1) may be allowed and permission may be granted to the parties to compound the offence under a href="./..
Learned counsel for the petitioner would submit that though there is provision for condonation of delay in the Negotiable Instruments Act, but the complainant has not explained the delay of 92 days in his application. ... It is not in dispute that the complaint was filed by the complainant under Section 138 of the Negotiable Instruments Act and on the ground of delay alone the aforesaid was rejected. ... Therefore, in our opinion, the High Court has committed no error in considering the handwritten note dated 27-4-2012 a....
There is no dispute about the fact that the Section 142(B) provides for condonation of delay caused in filing of complaint for offence under Section 138 NI Act after accrual of cause of action. ... No. 155/2020 filed under Section 142(B) of Negotiable Instruments Act (for short ‘NI Act’) for condonation of delay of 1145 days in filing complaint under the provisions of NI Act and confirmation of the said order by Revisional Court by its order dated 02.05.2023 passed in....
No.24739/2016, an application for condonation of delay. There is a delay of 138 days in filing this petition. For the reasons mentioned in the application, the same is allowed. ... of Negotiable Instruments, Act. ... A person who is a complainant under Section 200 of the CrPC who complains about the offence committed by a person who is charged as an accused under Section 138 of the Act, thus has the right to prefer an appeal as a victim under the proviso to Section 372 of the CrPC. ... In the circumstan....
Sayed Babalal H. reported in 2010 (5) SCC 663, the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. ... The application under Section 5 of the Limitation Act for condonation of delay in filing the present criminal revision petition is allowed for reasons stated therein. The delay in filing the criminal revision petition is hereby condoned. 2. ... Regular Case No. 21/2013 convicting and sentencing the petitioner for offence under Section 138 N.I....
In delay condonation applications, the accused have produced envelops in which purportedly statutory notices under the provisions of Negotiable Instruments Act were sent by the complainant to the accused persons. 2. The main applications are filed for condonation of delay caused in filing complaints for offence punishable under section 138 of Negotiable Instruments Act.
Act does not have any applicability for condonation of delay in filing the complaint U/s 138 of N.I Act.
The separate application for condonation of delay was filed along with the application under Section 138 of NI Act. That the complainant has authorised its manager Mr. S.N. The grounds made in the application for condonation of delay are reproduced as under:- "2.
It is also not out of place to mention here that initially, in the application filed under Section 5 of Indian Limitation Act, it was mentioned that there is a delay of 15 days in filing the complaint under Section 138 of NI Act, 1881, however, in the application under Section 142 of NI Act, 1881, it was mentioned that there is a delay of 20 days. The applicants filed their reply and submitted that the application under Section 5 of Indian Limitation is not maintainable. Thereafter, another application was filed by the respondent under Section 142 of NI Act, 1881 seeking condonatio....
In that case, the complaint under Section 138 NI Act was filed with a condonation application seeking condonation of delay of only three days. It is held that it was mandatory for the learned JMFC to provide an opportunity to the accused to argue on the merits of the condonation application. The learned JMFC allowed the condonation application without hearing the accused.
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