138 Negotiable Instrument Act
Chetan
(Querist) 16 February 2010
This query is : Resolved
That in my case there is delay of filing complant about 01 days
what reason shall I have mentioned in the court
Pls. provide necessary case laws in this regard.
urgentllyyyyyyyyyy
mahendra rai jain
(Expert) 16 February 2010
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].
B K Raghavendra Rao
(Expert) 16 February 2010
Reason: Out of station due to demise of a near relative and returned to city only on the date of complaint.
Guest
(Expert) 16 February 2010
An application or affidavit in support of application for condonation of delay is not necessary - Sufficient cause can be shown in the complaint itself or in the application for condonation of delay or in the affidavit, if any, or in other materials which would be sufficient to satisfy the Court that the complainant had sufficient cause for not filing the complaint within the specified period.
You have to show sufficiant cause before the court. it may be any misshappening, sad demise of any relative, your ill ness etc.. In the interest of justice court can condone the delay .
adv. rajeev ( rajoo )
(Expert) 16 February 2010
file an application u/s 5 of limitation act with an affidavit showing the cause for delay. One day delay will be condoned.
Sukhija
(Expert) 16 February 2010
I agree with above views of the expert
Sarvesh Kumar Sharma Advocate
(Expert) 16 February 2010
u have missed oppotunity?
don't go behind !
file a suit u/s- 37 c.p.c.
contect with local lawyer
best of youuuuuuuuuuuuuuuuuuuuuuuuuuuuu
