AI Overview...
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Condonation of Delay under Section 142 NI Act - The provisions of Section 142(1)(b) of the Negotiable Instruments Act, 1881, specify that a complaint for dishonour of cheque must be filed within the prescribed time limit. However, courts have the authority to condone delays if sufficient cause is shown, as established through judicial interpretation Birendra Prasad Sah VS State Of Bihar - Supreme Court, Mahipal Singh VS Manoj Kumar - Madhya Pradesh, SAJJAN KUMAR JHUNJHUNWALA VS EASTERN ROADWAYS PVT. LTD. - Karnataka, V. R. PRAVEEN VS ISMAYIL - Karnataka, K. Kalaiselvan VS Karunakaran - Madras, T. S. Muralidhar VS H. Narayana Singh - Crimes, C. K. Chawla VS Shishir Jain - Madhya Pradesh, Hiren Ashwin Shah VS State of Maharashtra - Bombay, Al Baith Enterprises VS State of U. P. - Allahabad.
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Legal Basis for Condonation - The application of Section 473 of the Criminal Procedure Code (Cr.P.C.) and Section 5 of the Limitation Act has been recognized by courts to justify condonation of delay in filing complaints under the NI Act, especially when procedural delays or genuine causes are demonstrated Mahipal Singh VS Manoj Kumar - Madhya Pradesh, AFROJKHAN BASHIRKHAN PATHAN vs MANDODARA W/O. MADHAVRAO KENDRE - Bombay.
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Judicial Approach and Limitations - Courts have condoned delays based on sufficient cause, even in the absence of documentary proof, emphasizing the principle of natural justice. Nonetheless, there are limits; for instance, the Magistrate's jurisdiction to condone delay is lost once the trial concludes or when the case is posted for judgment, highlighting procedural boundaries T. S. Muralidhar VS H. Narayana Singh - Crimes.
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Main Points and Insights:
- Delay in filing a complaint under Section 138 or 142 can be condoned if justified.
- The courts consider causes such as procedural delays, genuine reasons, or other sufficient causes.
- The authority to condone delays is supported by Sections 473 Cr.P.C. and the Limitation Act, and is exercised judicially based on the facts of each case.
- There are procedural limits; condonation cannot be granted after trial completion or when the case is ready for judgment SAJJAN KUMAR JHUNJHUNWALA VS EASTERN ROADWAYS PVT. LTD. - Karnataka, T. S. Muralidhar VS H. Narayana Singh - Crimes.
Analysis and Conclusion:
Courts recognize the importance of justice over strict adherence to time limits under Section 142 of the NI Act. Consequently, condonation of delay is permissible if sufficient cause is demonstrated, utilizing provisions from the Cr.P.C. and Limitation Act. However, this authority is subject to procedural constraints, emphasizing the need for timely filing and proper justification for delays.
Search Results for "Condonation of Delay in Filing Complaint under Section 142 if Negotiable Instruments Act"
2019 0 Supreme(SC) 2072 • India - Supreme Court
D.Y.CHANDRACHUD, HEMANT GUPTA
in filing the complaint under Section 138 of the Negotiable Instruments Act, 1881. ... delay under Section 138 and 142 of the Negotiable Instruments Act, 1881. ... requirement of issuing notices within thirty days and the provisions for condonation of delay under Section#....
• India - Madhya Pradesh
N.K.GUPTA
It held that Section 473 of Cr.P.C. could be applied for condonation of delay in filing the complaint. ... Limitation Act - Delay Condonation - Negotiable Instruments Act - Section 5 of Limitation Act, Section 473 of Cr.P.C., Section ... Cr.P.C. ....
2024 Supreme(Bom) 1082 • India - Bombay High Court
(A) Negotiable Instruments Act, 1881 - Section 138 and 142 ... ... (B) - Condonation of delay in filing complaint - Delay of 1145 ... and not maintainable, but delay in filing fresh complaint justified due to procedural delays - Petition dismissed. ... (Paras 1-6) ... ... (B) #H....
2006 0 Supreme(Kar) 504 • India - Karnataka
AJIT J.GUNJAL
Negotiable Instruments Act, 1881 -Section 138 -Delay in filing complaint -Condonation -Sustainability. ... ... Dishonour of Cheque -Natural justice -Delay in filing complaint ... See, Section 142(b) ... Trial Procedure -Criminal trial -Dishonour of ... When there is a de....
2004 0 Supreme(Kar) 405 • India - Karnataka
K.A.ABDUL GAFOOR
138 and 142(b) of the Negotiable Instruments Act, emphasizing the time limits for filing a complaint and the provision for condonation ... and the provision for condonation of delay under Section 142(b). ... Negotiable instruments Act - Acquittal under Section 138....
2019 0 Supreme(Mad) 2533 • India - Madras
V.PARTHIBAN
Delay Condonation - Negotiable Instruments Act - Section 142(b) - [Sections 142(b) of the Negotiable Instruments Act] - The court ... condoned the delay in filing the complaint based on the sufficient cause shown by the complainant, despite the absence of document....
• India - Crimes
K.N.KESHAVANARAYANA
(i) Negotiable Instruments Act, 1881—Section 138(c) and 142(b) —Prosecution for dishonour of cheque—Limitation for filing complaint—Cause ... condonation in filing complaint—Magistrate has no jurisdiction to condone delay after the trial is over and when case was posted ... (Para 14) ... (ii) Negotiable#HL_....
2012 0 Supreme(MP) 823 • India - Madhya Pradesh
R.C.MISHRA
section 142 of the Negotiable Instruments Act, 1881, which deals with the condonation of delay in filing a complaint relating to ... in filing a complaint relating to dishonour of a cheque under section 142 of the Negotiable Instruments Act, 1881....
2024 0 Supreme(Bom) 363 • India - Bombay
N. J. JAMADAR
Delay Condonation - Negotiable Instruments Act - Section 138 - 142(1)(b) - The court condoned the delay ... in filing the complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, based on the repeated ... Issues: The issues revolved around the....
2023 0 Supreme(All) 2233 • India - Allahabad
DINESH PATHAK
(A) Code of Criminal Procedure, 1973 - Section 482 - Negotiable Instruments Act, 1881 - Sections 138 and 142 - Condonation of delay ... ... ... (B) The provisions under Section 142(1)(b) stipulate that a complaint under Section 138 NI Act must be filed within on....
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