complaint under section 138 N I Act
Querist :
Anonymous
(Querist) 17 August 2010
This query is : Resolved
is there any remedy if the person failed to file a case before the court concerned due to some unavoidable reason within the prescribed time in the Act for filing a complaint. is there any provision for condonation of delay in filing a complaint u/s 138 N I Act or any supported case law?
s.subramanian
(Expert) 17 August 2010
Yes.you can seek condonation of delay under Sec.141 of Negotiable Instruments Act.
s.subramanian
(Expert) 17 August 2010
You file an application under the Proviso to Sec.142 of N.I.Act seeking condonation of delay.
M/s. Y-not legal services
(Expert) 17 August 2010
Yes. You can file the complaint along with condone delay petition. You have to face the accused's side counter attack. If you failed to take care mean your complaint may be dismissed. You can take some alternative steps, its mean, 1. You can re present the case cheque, if its having sufficient timing. I mean 6 month from the date of the cheque, or 2. you can file a civil suit for claim your money.
Rajeev kulshreshtha
(Expert) 17 August 2010
Yes, you can file complaint with the application u/s 142 NI Act stating sufficient ground for delay if the court satisfy it can condone delay and in addition to it you can also approach civil court for the recovery of cheque amount.But you cannot represent the cheque before bank for encashment because according to law once you have issued the legal notice the cause of action have also starts after that you cannot go back for getting new cause of action.
Querist :
Anonymous
(Querist) 17 August 2010
thnx sir,
but the time of presenting the cheque has already been expired. case is tht - a cheque of Rs:1,00,000/- was issued to a widow lady the same was bounce, thereafter when a notice was sent, other party came n pay Rs:10,000/- in cash n tender his apology orally. it was also insured that the rest of the defaulted amount will also be paid after 3 months therefore lady didnt filed a complaint before the court and when the time was expired for filing of complaint as well as presentation of cheque he has denied to pay.so now there is a delay of about 7 months.
G. ARAVINTHAN
(Expert) 18 August 2010
now your only remedy is to file a suit for recovery of money before a civil court
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 August 2010
This is a student querry , no real situation.
Delay can only be condoned for valid reasons only and after hearing the other side.
Guest
(Expert) 18 August 2010
YOU MAY FILE A CIVIL SUIT FOR RECOVERY OF MONEY DUE.IT WILL REQUIRE HEAVY COURT FEE STAMS.PLEASE NOTE.
DELAY CONDONATION APPLICATION ,YOU MAY FILE IN CASE UNDER SEC.138 TO 142 OF N.I.ACT .IT IS THE COURT TO DECIDE THE MATTER.
GOOD LUCK.
Devajyoti Barman
(Expert) 19 August 2010
Delay may be condoned if properly explained. If not, then file suit for recovery of money.
