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mohansreddy (Advocate)     19 May 2010

Regarding Limitation

Is there any supreme court citation where in it is stated the delay in fililing the complaint shall not be condonned taking a liberal view.Citations in support of the accused helping not to condonne the delay as the complainant hes slept over his rights subsequently approached the court with false contention to condonne the delay.



Learning

 2 Replies

N.K.Assumi (Advocate)     19 May 2010

Delay is no excuse to stop criminal proceedings.Ramchandra rao Rao vs State of Karnataka 2004 (4) SCC-578.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

Criminal proceedings and cases u/s 138 are defferent. Delay in cheque bounce cases is fatal and on this point alone the complaint is liable to be dismissed.

The accused can also file criminal case against the complainant according to variour circumstances.

Law is made by humans and it can not be made to provide for all eventualities. The clever person expolit the provisions of law for less clever persons.

I am of the firm opinion and full experience that in cheque cases mostly the accused can get reilied if the case is persuded at every stage will full alertness.


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