AI Overview...
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Section 142 of the Negotiable Instruments Act - Powers of Court to condone delay and procedural aspects: The section grants courts the authority to condone delays in filing complaints or proceedings under Sec. 138, emphasizing judicial discretion. However, this power must be exercised judiciously, considering the facts of each case. Courts have held that procedural delays can be overlooked if substantial justice is served, but such discretion is limited and must adhere to the principles of natural justice. Rajesh Rastogi VS Girish Nayal - Uttarakhand
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Main Points and Insights:
- Courts have discussed Sec. 142 in the context of its powers to condone delays and manage procedural irregularities (e.g., DILLIP KUMAR PATRA VS JAYANTA KUMAR MOHANTY - Orissa, Rajesh Rastogi VS Girish Nayal - Uttarakhand).
- Sec. 142 is applicable to proceedings under Sec. 138, allowing courts to relax procedural timelines to prevent miscarriage of justice.
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The section also emphasizes that the power is discretionary and should not be exercised arbitrarily.
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Analysis and Conclusion:
- Sec. 142 plays a crucial role in ensuring justice is not denied due to procedural lapses, but its exercise is subject to judicial scrutiny.
- Proper understanding of Sec. 142 helps in balancing procedural efficiency with substantive justice, especially in cases involving dishonored cheques under Sec. 138.
- Courts have clarified that while procedural delays can be condoned, the core requirements of Sec. 138—such as timely notice and presentation—must be satisfied to uphold the validity of proceedings Rajesh Rastogi VS Girish Nayal - Uttarakhand.
References: - DILLIP KUMAR PATRA VS JAYANTA KUMAR MOHANTY - Orissa - Rajesh Rastogi VS Girish Nayal - Uttarakhand - Swarnalatha VS Chandramohan - Kerala - Mohammed Haneef VS Shankarraj - Madras
Search Results for "Sec 142 of Negotiable Instruments Act"
2002 0 Supreme(Ori) 254 • India - Orissa
B.P.DAS
. 142 of the Negotiable Instruments Act - The court discussed the provisions of Sec. 138 and Sec. 142 of the Negotiable Instruments ... Sec. 138 of the Negotiable Instruments Act - Taking Cognizance under Sec. 138 of the Negotiable Instruments Act - Sec. 138, Sec ... Fact of the Case: The complaint case was....
1999 0 Supreme(P&H) 131 • India - Punjab and Haryana
M.L.SINGHAL
Negotiable Instruments Act - Private Prosecution - Summary: The court discussed the provisions of Sec.138 and Sec.142 of the Negotiable ... Fact of the Case: The case involved a complaint under Sec.138/142 of the Negotiable Instruments Act filed by M/s Betco ... Instruments Act, emphasizing that the offence under Sec.138 is not cognizable and can only be pursued through a writt....
• India - Bombay
M. S. JAWALKAR
Negotiable Instruments Act - Acquittal under Sec. 138 and Sec. 142 of the Negotiable Instruments Act, 1881 - [Sec. 138, Sec. 142 ... . 138 read with Sec. 142 of the Negotiable Instruments Act, 1881. ... In an evidence affidavit under Order 18, a witness may well say of a given document that he cannot prove it by direct evidence and then proceed....
2003 0 Supreme(Mad) 1111 • India - Madras
M.CHOCKALINGAM
Sec.138 and Sec.142 of the Negotiable Instruments Act. ... Negotiable Instruments Act - Acquittal in Criminal Appeal - Sec.138 - Sec.142 - Summary of Acts and Sections: The court discussed ... It highlighted the rebuttable presumption under Sec.138 and the requirement for timely initiation of proceedings under the Act. ... .138 of the N.I. ... ....
1996 0 Supreme(Ker) 123 • India - Kerala
K.G.BALAKRISHNAN, S.KRISHNAN UNNI
Negotiable Instruments Act - Cheque Dishonour - Sec. 138, Sec. 142, Sec. 219 - The court discussed the provisions of Sec. 138, ... Sec. 142, and Sec. 219 of the Negotiable Instruments Act, emphasizing the conditions for filing a complaint, the timeline for filing ... Sec. 219, and the interpretation of the provisions of the Negotiable #HL_START....
• India - Bombay
R. G. AVACHAT
142 of the Negotiable Instruments Act, 1881. ... Negotiable Instruments Act - Dishonour of Cheque - Sec. 138, 139, 142 - The court discussed the provisions of Sec. 138, 139, and ... Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Negotiable Instruments Act, ... No.954/2015, acquitting the respondent of the offence punishable under Sec. 138 of the #HL....
2018 0 Supreme(UK) 74 • India - Uttarakhand
V.K.BIST
Negotiable Instruments Act, 1881, Sec. 142 – Powers under – Held – The Cout has powers to condone the delay ... u/s 142, Negotiable Instruments Act – This was not properly considered by the Court below – Thus, technical view taken by the Court ... (Paras 2 to 5) ijØkE; fy[kr vf/kfu;e] 1881] /kkjk 142 & ... Girish Nayal) under Section 138 of the Negotiable Instrument Act, 1881, whereby, the learn....
2011 0 Supreme(Mad) 2711 • India - Madras
G.M.AKBAR ALI
Jurisdiction - Negotiable Instruments Act - Sec.138, Sec.142 - 2009 (1) SCC 720, 1999(7) SCC 510 - The court discussed the jurisdictional ... Fact of the Case: The respondent initiated proceedings under Sec.138 and 142 of the Negotiable Instruments Act against ... Issues: Jurisdictional challenge regarding the trial of offense under Sec.138 of the Negotiable Instruments Act. .....
2003 0 Supreme(Mad) 1109 • India - Madras
M.CHOCKALINGAM
Negotiable Instruments Act - Acquittal from order of conviction under Sec.138 - Sec.138, Sec.142 - The judgment discussed the ... legal provisions of Sec.138 and Sec.142 of the Negotiable Instruments Act, the presumption enshrined under Sec.138, and the rebuttal ... .138 of the Negotiable Instruments Act. ... .138 of the N.#HL....
2004 0 Supreme(Mad) 403 • India - Madras
R.BANUMATHI
Negotiable Instruments Act - Proper Service of Notice - Sec.138, Sec.142 - Summary Fact of the Case: The complainant ... Ratio Decidendi: The court analyzed the provisions of Sec.138 and Sec.142 of the Negotiable Instruments Act, emphasizing the ... appealed against the acquittal of the accused under Sec.138 Negotiable Instruments Act. ... Under Sec#....
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