138 NI Act - Case Filed after Limitation Period

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved
I am involved in a false 138 ni act case which is pending in the court for more than 6 years. We have many documentary proofs to prove that it is a false case. However, recently we found that the complainant has not filed the case in the court within the stipulated period of one month from the date of cause of action. In fact he had filed after four months. Our advocate could not locate this mistake earlier. The complainant has also not filed any petition for the delay. Instead of going through the trial and proving our innocence, can we go for a direct quash of the case in High Court? will it be admissable?

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Devajyoti Barman (Expert) 27 January 2011
Yes you can go for quashing. If the lacuna in law is apparent then delay in filing the quashing petition is not a defect.

Amit Minocha (Expert) 27 January 2011
you should immediately move for it

manoj joshi (Expert) 27 January 2011
yes... one can go ..bt why to make it complicated...just file an application in d court where your case is pending..... in such a matter like n.i.act u can quesh d false n illegal application