Stage of filing the condonation of delay application
rajan chopra
(Querist) 19 March 2016
This query is : Resolved
Sir in a complaint u/s 138 of NI act filed by me the case is at the stage of evidence and an affidavit has been filed u/s 145 and the accused has filed an application for dismissal of complaint being time barred and which was replied and the case is now for order on application on next date.Now can the complainant file an application for condonation of delay before the decision on application or should wait the order and then file the same if needed?
Devajyoti Barman
(Expert) 19 March 2016
Now it is too late.
If there indeed is delay then such petitiom for condonation of delay would have been filed at the very beginning of filing of complaint.Now the defect can not be cured by filing such petition in such belated stage.
Advocate Bhartesh goyal
(Expert) 20 March 2016
Yes,application for condonation of delay should have been filed at the time of filing of complaint.
R.K Nanda
(Expert) 20 March 2016
nothing to add more.
