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Viswambharan V.S. (Senior Advocate)     27 October 2017

138 ni act - delay condonation petition dismissed for non compliance

A cheque case was filed before the Judicial First Class Magistrate Court and since there was a delay of nearly 7 days in filing the case, a delay condonation petition was also filed. The delay condonation petition was allowed on condition to pay a cost of Rs. 1000. Unfortuantely, the complainant did not pay the amount due to miscommunication regarding dates. At present, the delay condonation petition has been dismissed for non compliance with the condition. What is the remedy now? Should an appeal be filed or a review? Where should it be filed? At the high court or sessions court? What is the relevant section?


 3 Replies

Siddharth Srivastava (Advocate)     27 October 2017

File an application before trial court for recalling the order with relief to permit you to pay the cost. If any adverse order is passed then file revision against the order.

manoj   27 October 2017

you have to file the petition before the trail court to restore the dismissal order 




Advocate/CS Sanjeev Kataria ( Advocate)     28 October 2017

deposit the cost and move an application in the same court for restoration of the complaint

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