138 complaint filed belated is it mainatainable

Ask medical details and even call the doctor for cross.

ilness is no excuse , since the case has to filed by advocate.

The complainant is produce the discharge summery, he is admitted in hospital for 3 days only for reason stating chest pain, but the complainant affidavit is he is effected jaundice 15.12.2009 to 10.02.2010, on 10.02.2010 he is suffering chest pain and admitted in hospital for 3 days, 

the discharge summery is not reveal the earlier decease of Jaundice, 

The delay of filling the complaint should be with valid reason but in your case delay seems insufficient and delibertely and intentionally,

Although it is discretion of the court to condone or not. Take your defence as delay is so long and seems delibetaely and intentionally. All others point will be taken by court itself.

IN NI ACT CASES THE COURT CAN NOT GRANT ANY LEAVE/CONDONE OF DELAY  ON SILLY OR CONTROVERSIAL FACTS OF DELAY.

yes sir , even discreation has to be juditial and not personal.

Court can be do

condone delay is not a empty formality and it should be supported by some reasons. it is true that it is the pure discretion of the court but it should be exercised judicially. in lot of cases supreme court held that if the condone delay bereft of true details it should be dismissed.

thank you sir, u have any authorities in the above aspects, pls sent it to me

helo

i have filed a complaint under sec 138 ..

the cheque belongs to delhi ..

nd the cpmplainat is from chandigarh  nd complainant is local resident of chandigarh tii .. nd he is having is bank accountin chandigarh ..

but the magistrate is telling me that he has not got the jurisdiction to persur the matter in chandigarh ..

plss let me knw whtr this complaint is maintainable or not in chdandigarh courts ..

plss guide me thru sum case lawas

The chandigarh court has jurisdiction as settled by the supreme court. However a latest judgement has been delivered by delhi High court that from where is cheque has been bounced i.e. accused bank the teriorial jurisdicton goes to that court.

very well setttled that the chandigarh court has jurisdiction

hi sir ..

but the magistrate over here is telling me that the memo has came from the delhi office .. but the kotak bank send there memo only from the head branch...that is in delhi but the chk was presented only here in delhi ..

plzz give me sum case laws sir

regards

adv saurabh

The offence under Sec. 138 of the Act can be completed only with the concatenation of a number of acts. Following are the acts, which are components of the said offence;
1. Drawing of the cheque, 
2. Presentation of the cheque to the bank, 
3. Returning the cheque unpaid by the drawee bank, 
4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount. 
5. Failure of the drawer to make payment within 15 days of the receipt of the notice.

It is not necessary that all the above five acts should have been perpetrated at the same locality. It is possible that each of those five acts could be done at five different localities. But concatenation of all the above five is sine qua non for the completion of the offence under Sec. 138 of the Act.