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Ashwini Kinlekar (Loyer)     15 November 2011

Delay in filing complaint u/s138

i am an advocate for the accused. Complainent has filed a complaint after the time limit is over u/s 138. Please suggest citation for the same.


 5 Replies

sridhar pasumarthy (ADVOCATE)     15 November 2011

Dear Ashwini,

As per Amendment in 2002, under proviso to section 142 of NI Act, court can take cognizance of the offence even after the prescribed period, if the complainant is able to satisfy that he had sufficient cause for non-filing of the complaint within the such period.

Sandeep Naik (Advocate)     15 November 2011

Fil delay condonation application and specify the reason for the same. Most of the time the delay is condoned. 

Advocate Sandeep naik

Mob. 99670 56980


Please inform us the grounds of delay petition, so that we can discuss whether it can be maintainable or not ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 November 2011

Dear Ashwani

if the court satisfied and think fit that the delay is resanable, only then the court registered the complaint.

Dharmesh Manjeshwar (Advocate/Lawyer)     16 November 2011

In ur case, the Advocate for Complainant would have also filed a delay condonation application alongwith the complaint giving reasons for the delay ..... usually court issues summons to the opposite party for their say on the delay condonation application ...... The court has discretion to grant delay condonation if it feels grounds for the delay are justified and valid ........

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