138 NI Act
vinod bansal
(Querist) 05 August 2008
This query is : Resolved
Sir
I filed crl complaint us 138 Of NI Act After 6 days of end of Limitation period,now magistrate is requiring from me any authority for delay condon in this situation,plz provide me any authoritry of High Court or Supreme Court for delay condon in this matter.Thanku
Srinivas.B.S.S.T
(Expert) 06 August 2008
Sir the amendment of 2002 came into force wef feb 2002 itself provided condonation of delay in filing the complaint under 138 and 142 of NI act. You can file a delay condonation petition.
mintu
(Expert) 06 August 2008
Please see the section 138 carefully, you have to satisfied the magistrate with valid and reasonable ground. Without disclosing the delay ground you cann't be advised properly. You have to disclose the ground, that you have already taken in complaint. You can further contact me at minturaj@gmail.com
RAKHI BUDHIRAJA ADVOCATE
(Expert) 06 August 2008
yes, Mr. Mintu is right. U havr to diclose the reason for being delayed in filing the complaint n would have to satisfy the Magiatrate. N if the Magistrate satisfies then obviously he would condon the delay. 4 further querry contac at_
rakhibudhiraja@gmail.com
Mb.-9871158578.
anantha krishna n.v. Advocate
(Expert) 06 August 2008
Cognizance of offences.
142. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
1[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;]
Please see the proviso. You need to explain sufficient cause to the court. If you have already taken a stand, satisfy on the very same stand otherwise,now go before the magistrate with a proper cause.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
Srinivas.B.S.S.T
(Expert) 06 August 2008
You have to file a petition to condone the delay by stating the convincing facts.
K.C.Suresh
(Expert) 07 August 2008
Dears Ananthakrishnan rightly given the details. Thank you. File a condonation petition. Your magistrate won't disturb you for his reason of ignorence of law.
