N. i. act. limitation

pratik (Querist) 15 August 2014 This query is : Resolved
complainant have file case u/s. 138 beyond limitation.

Now, what procedure have to be followed by accused?

1) can he file application for dismissal of complaint? is yes under what provision and to which court?

2) what are other remedies available to accuse?
please help

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M.Sheik Mohammed Ali (Expert) 15 August 2014
i hope that they will filed with condone delay petition, you confirm that condone delay petition filed or not, because magistrate know the act, so without proper petition magistrate could not allow the case.

ajay sethi (Expert) 15 August 2014
please clarify whether application for condonation of delay has been attached with the complaint . generally delay in filing complaint under section 138 Ni would be condoned if sufficient cause is shown for delay .

if complaint is barred by limitation magistrate wont entertain the complaint

R.K Nanda (Expert) 15 August 2014
no more to add.

V R SHROFF (Expert) 15 August 2014
For Accused, no special procedure. Accused have to defend himself in normal course..

If you have doubt that there is violation & delay, you file revision , to set aside the order of process issued.