Condone delay petition amendment
sreekanth
(Querist) 12 March 2015
This query is : Resolved
Dear Hon'ble Member's Please Advice me on the following case situvation.
Facts of the case : A case under section 138 NI Act has been filed by an advocate who accidentally passed away. In the said
case there was a delay for filing the case and delay was shown as 85 days and the reason shown was that the reply notice got missplaced in other bundels of the advocates office and his clerk also files an affidavit that he reply notice got missplaced. The
advocate(late) along with the 138 compliant also files a condone
delay petition in which he states the reason for the delay and
wrongly calculates the number of days as 85. Now the accused's
advocate files a counter affidavit stating that the cause of
action is wrongly taken from the date of reply notice and not as per law which is 16th day after the expiry of the 15days from the date of receipt of the notice demanding payment of the amounts.
And hence accussed's advocates in his reply affidavit submits that the case is not maintainable as the delay has been wrongly shown.
Now my query is
1) What is the remedy available for the complianant
2) Is there any provision which allows the amendment of condone delay miscellaneous petition(criminal) for correction of number of delay in days
Advocate M.Bhadra
(Expert) 12 March 2015
1) Complainant can file alternately a Criminal Case u/sec.420,406 and 427 IPC in Judicial Magistrate Court.
Complainant can also file a Summary Suit in Civil Court for recovery of money.
2)Cheque bounce case is a time bound matters, so condone of delay is the own discretion of Court, no further appeal is required. Better to follow alternate relief.
Rajendra K Goyal
(Expert) 12 March 2015
If the court dismiss delay condone petition, file summary suit for recovery and criminal complaint.
Devajyoti Barman
(Expert) 12 March 2015
Challenge the order if goes against you in high court under revision.
ajay sethi
(Expert) 12 March 2015
file summary suit for recovery of your money . it yields faster results
sreekanth
(Querist) 12 March 2015
Thanks for the valuable inputs.
