cheque return


 A cheque returning case filed against me.  The date of cheque returning was 01.07.2014.  Notice was served by their counsel was 23.07.2014.  But he filed the case only in Jan. 2015.  He did not file the case within 30 days from the date of serving of notice.  He also did not file any delay condonation application alongwith complaint under Section 142 (b).  Now my humble questions are:

(1)  Is it mandatory to file the condonation application alongwith complaint to make his complaint maintainable?

(2)  Whether I should challenge about maintainability before the magistrate by moving application saying that the complait has not accompanied with condonation application?  If so, under what section?  OR

(3)  Should I move directly to H.C. under Section 482 cr.p.c. for quashing of compalint?

Advance thanks for your valuable advice.

 
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DEEMED/CONVEYANCE OF BUILDING

1yes 2)yes 3) no bcs ur case decision not came.
 
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According to N.I. Act complaint must filed within a period of one month after the expiry of 15 days of receipt of the notice date and in your case it is barred  by limitation under section 142(b) of N.I.Act.

(1) It is duty of Magistrate to check the limitation of complaint before taking the cognizance. and if magistrate think fit the condonation of delay on application then magistrate after taking the cognizance issue a summon.

(2) Yes you should challenge the maintainability before the magistrate in your defence by filing 145(2).

(3) You can move directly to H.C under section 482 cr.p.c for quashing of complaint.

 
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