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NPKailaasam (ADVOCATE & Management Consultant)     14 August 2015

142(b) of ni act query

Sir, In 142 (b) NI Act,the Complainant filed a condone delay petition along with complaint in JM court to condone delay of 424 days.whether the magistrate can allow any number of days delay.I am for respondent/accused.Is there any citation that so long delay not accepted by magistrate.I want to file counter.kindly give your valuable suggestions.



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     15 August 2015

GO THROUGH THE ATTACHED CASE


Attached File :
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  • LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 August 2015

    Facts and circumstances are defferent for each case so no ready made fomula will be applicable.

     

    However this is a golden opportunity for you to nail the case in bud.

     

    Studty the complaint in detail and oppose the application for delay condonetion on merits.

     

    Get a good  expert criminal advocate and  not normal civil case persons who do more demage than any help.

    R Trivedi (advocate.dma@gmail.com)     22 August 2015

    How come you are in the picture at this stage ??

     

    Condone application is to be filed along with the complaint, that is pre summoning and pre cognizance. You have no right (rather no presence at all) to counter this application at this stage. You come only after magistrate has allowed this and summoned you. Now he cannot do anything, he cannot discharge you.

     

    So now only remedy is go to session court under S.397 revision against the cognizance order.

    How to oppose the condone application in the trial court after it has been granted, only Laxminarayan can tell?? 

     

    142.......

    (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: 24 [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.]

     

     

    adv.raghavan (Advocate,9444674980)     23 August 2015

    supporting the above said version and in continuation of the same, kindly clarify if demand notice was issued within the stipulated time, if not he cannot condone delay for that, if he had done so and he wants to condone delay only for non filing of complaint then the court may take lenient view of the same.

    To be noted that aforementioned decisions pertain to condoning the delay in filing the complaint and not the delay in serving the demand notice under Clause (b) of saidSection 138. Serving of notice within 15 days of the receipt of intimation regarding dishonour of cheque by the payee and failure to make payment within 15 days of receipt of notice issued under Clause (b) of Section 138 by the drawer are to precede the filing of complaint under Section 138. In the matter of condoning delay in issuing demand notice beyond the statutory period of 15 days neither Section 473Cr.P.C. or Section 5 of Limitation Act, 1963 would apply nor such a delay can be legally condoned. 

    Fayaz Ahmad Kishtwari vs Ghulam Hassan Bhat on 17 November, 2005


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