Condonation of delay application

Upasana (Querist) 08 October 2014 This query is : Resolved
Dear Sir/Mam,

Please guide me as regards the following query:

Can an application for Condonation of Delay be filed in a Complaint filed under Section 138 of N.I. Act after the complaint has been filed and summons have been issued? Reply of the opposite party has not yet been filed.

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ROHIT SHARMA (Expert) 08 October 2014
1. Yes, an application for to condone the filing of the reply by the accused can be filed and have the trial preempted from being tried ex-partee.

Rajendra K Goyal (Expert) 08 October 2014
Yes it can be filed.

ajay sethi (Expert) 09 October 2014
how would summons be issued unless application for condonation of delay is decided? . at verification stage magistrate would have pointed out complaint is barred by limitation

Upasana (Querist) 09 October 2014
summons have been issued and the opposite party has appeared and verbally pointed out a delay of 6 days in filing of the complaint. The argument of the opposite party holds true, hence we wish to file an application for condonation of delay. Can it be done at this stage?

Nadeem Qureshi (Expert) 09 October 2014
No it is not possible, but the magistrate had take cognizance then it will be filed but the accused will raised the issue on this too.
this is the negligence of Magistrate, he/she should be checked at the time of consideration/registration of the Complaint and before issue the summon.

T. Kalaiselvan, Advocate (Expert) 14 October 2014
I have to agree with the opinion of expert Mr. Qureshi. The accused can argue and get the case dismissed due to the procedural lapse.

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