Negotiable instrument act 1881
sivaraj
(Querist) 28 February 2015
This query is : Resolved
as per the decision of the Hon'ble Supreme court of india in 2014 (4)CTC 686 the drawee bank in my case does not comes under the jurisdiction of JMII court Hence the complaint was returned with a direction to the complainant to present my case before the JMI court within 30 days but complainant not represent with in 30 days he was filed one day delay i file condone delay petition that magistrate was return my petition he said there is no specific provision in NI Act if any citation reported ?
Devajyoti Barman
(Expert) 28 February 2015
citations are not supplied here. Complaint can be filed even beyond time.
sivaraj
(Querist) 28 February 2015
i said section 142 (b) provided but he is return
Anirudh
(Expert) 28 February 2015
What is the reason given by you for the one day delay?
Dr J C Vashista
(Expert) 01 March 2015
When did you get back original complaint calculate 30 days from the date, it is maintainable.
Citations are not provided.
sivaraj
(Querist) 01 March 2015
ya right but i filed delay one day
Rajendra K Goyal
(Expert) 01 March 2015
If the condonation of delay prayer was dismissed, go for appeal.
R.K Nanda
(Expert) 01 March 2015
file appeal in higher court.
Guest
(Expert) 01 March 2015
Did you make separate misc. petition for condonation of delay or included request in the same petition for sec. 138?
sivaraj
(Querist) 03 March 2015
yes but 142(b) is before cogizance
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
Your case though represented in the new court, a fresh cause of action is arrived hence provisions of section 142(b)of NI act is very much applicable to this case, if it has been dismissed, you prefer revision/appeal before the high court.
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
Your case though represented in the new court, a fresh cause of action is arrived hence provisions of section 142(b)of NI act is very much applicable to this case, if it has been dismissed, you prefer revision/appeal before the high court.
Parthasarathi Loganathan
(Expert) 22 October 2015
The Complaint shall made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138 provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
Advocate Bhartesh goyal 
(Expert) 01 March 2015
