Correct & guide please
Arvind Singh Chauhan
(Querist) 27 April 2012
This query is : Resolved
Please,
seniors correct and guide us. on following post-
http://www.lawyersclubindia.com/experts/Ni-act--299921.asp
We always require your valuable guidance.
Nadeem Qureshi
(Expert) 27 April 2012
Dear Arvind
according to section 142. Cognizance of offences
1[Cognizance of offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).-
(a) No court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (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:
2["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.]
(c) No court inferior to that of a Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138].
OBJECTS AND REASONS OF AMENDING ACT OF 2002
Keeping in view the recommendations of the Standing Committee on Finance and other representations, it has been decided to bring out, inter alia, the following amendments in the Negotiable Instruments, Act, 1881, namely:-
(iii) to provided discretion to the Court to waive the period of one month, which has been prescribed for taking cognizance of case under the Act;
Clause (b) of this section clearly mention that if the court is satisfied with the reason of complaint that there is a sufficient ground to not filling the complaint within time limit.
feel free to call
Nadeem Qureshi
(Expert) 27 April 2012
Janardhan Mohapatra v.Sarojkumar Choudhary 1993 Cr.LJ 1751
Raj Kumar Makkad
(Expert) 28 April 2012
As per detailed discussion and quotation of latest rules, it is clear that delay can be condoned by Trial Court in filing the complaint under section 138 Ni Act if sufficient reasons are shown.
Arvind Singh Chauhan
(Querist) 28 April 2012
Nadeem Sir thanks for the pasting OBJECTS AND REASONS OF AMENDING ACT OF 2002
Thanks Raj Sir for the consent. We feel proud of us if we succeed here, satisfying our seniors as we are satisfying the judges and win the case.
Thanks.
Shonee Kapoor
(Expert) 04 May 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
