Maintainability of complaint under section 138 n.i act

munnish (Querist) 03 September 2014 This query is : Resolved
Sir pls tell me complaint under section 138 is time barred. What should I do. I am accused counsel. Pls tell me along with latest case laws.

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Arvind Singh Chauhan (Expert) 04 September 2014
If you have appeared pray to court for dismissal of complaint on this ground. If you haven't appeared you can file revision against summoning order before session judge.
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Devajyoti Barman (Expert) 04 September 2014
You can explain the delay if there is any.

Rajendra K Goyal (Expert) 04 September 2014
Prey the court to dismiss the suit on this ground. Citation not provided in the section.

ajay sethi (Expert) 04 September 2014
we dont provide citations . if complaint is time barred application for condonation of delay in filing complaint must have been made by complainant

malipeddi jaggarao (Expert) 04 September 2014
Agreed with Shri Rajendra K Goyal. Pray for dismissal on this ground.

Dr J C Vashista (Expert) 05 September 2014
Time barred complaint shall not be entertained by the court, if admitted bring the fact to the notice of the court, same shall be dismissed instantly.

T. Kalaiselvan, Advocate (Expert) 07 September 2014
I agree with the views expressed by expert Dr. Vshista. Nothing more to add.

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