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https://www.latestlaws.com/latest-news/section-138-ni-act-no-separate-application-for-condonation-of-delay/
Section-138 NI Act: No separate application for condonation of delay: Supreme Court accepted condonation of delay in filing of case where reasons were mentioned in the complaint itself [Read the Order] ... a complaint under Section 138 was instituted on 11 May 2016. The Chief Judicial Magistrate, Begusarai by an order dated 14 July 2016 ...
https://indiankanoon.org/doc/31519497/
No. 600205/2016 arising out of order dated 21-3-2016 passed by J.M.F.C., Gwalior in Criminal Complaint Case No. 3311/2014, by which application filed by the respondent under Section 142 of Negotiable Instruments Act, 1881 (In Short NI Act, 1881), has been allowed and the delay in filing the complaint under Section 138 of NI Act, 1881 has been ...
https://www.livelaw.in/top-stories/section-138-ni-act-delay-in-filing-complaint--145053
May 14, 2019 · Section 138 NI Act: Delay In Filing The Complaint Can Be Condoned If Sufficient Cause Is Shown In The Complaint [Read Judgment] ... Section 138 of the Negotiable Instrument …
https://lawstreet.co/judiciary/section-138-ni-act-delay-in-instituting-the-complaint-can-be-condoned-if-sufficient-cause-is-shown-in-the-complaint/
May 15, 2019 · The Supreme Court on May 8, 2019, in the case of Birendra Prasad Sah v. State of Bihar has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act, 1881, can be taken by the court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
https://www.lawweb.in/2013/04/delay-condonation-under-s138-of-ni-act.html
Apr 09, 2013 · 4. It may be noted that when Section 138 was added, there was no provision for condensation of delay in filing the complaint under the said provisions. This power to the MM to condone the delay has been conferred by amendment made vide Negotial's Instruments (Amendment and Miscellaneous Provisions) Act, 2002.
https://advocatemmmohan.wordpress.com/2014/08/11/sec-138-and-sec-142-b-of-n-i-act-delay-of-25-days-in-filing-complaint-after-issuing-a-hand-note-high-court-quashed-the-complaint-as-barred-by-limitation-apex-court-held-that-since-there-is-no-o/
Aug 11, 2014 · Sec.138 and sec.142 (b) of N.I.Act- Delay of 25 days in filing complaint after issuing a hand note - High court quashed the complaint as barred by limitation - Apex court held that since there is no opportunity for explaining delay as the complaint strongly believed that he filed complaint from statutory notice and since…
https://www.lawyersclubindia.com/experts/Condonation-in-delay-in-case-of-sec-138-328576.asp
Aug 06, 2012 · In the case at hand, as already stated, the complainant is a Society registered under the Societies Registration Act, 1860 and had passed no resolution authorizing the said Nikhil Desai to lodge a complaint on its behalf, and, therefore the complaint filed by the complainant could not have been considered as a complaint, as required to be filed ...
https://www.lawweb.in/2013/11/dishonour-of-cheque-condonation-of.html
Nov 01, 2013 · Negotiable Instruments Act, 1881 — Section 138 — Delay in filing complaint under — Condonation of, procedure for — Whether delay can be condoned without notice to other party — Held, no — Irrespective of provisions of CrPC or any procedural law by which particular proceedings are governed, it is fundamental principle that no orders can be passed against party which effects his ...
http://www.aaptaxlaw.com/Legal-Formats/Format-of-Complaint-u-s-138-Negotiable-Instruments-Act-return-of-cheque-Download-Complaint-format.html
Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against return of cheque. Download in Microsoft word format. Draft format for filing criminal complaint under section 138 of Negotiable Instruments Act is given below to get idea to prepare the complaint.
http://lawmirror.com/search/search.php?q=section+138+n.i.+act+condonation+of+delay+delay+in+sending+demand+notice+in+138&sel=headnote&page=2
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473-- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay as it could be.....
https://www.lawyersclubindia.com/experts/Delay-in-filing-suit-for-138-245461.asp
04 November 2011 The Company will not be in a position to file a complaint under section 138 N.I. Act, since the time limit for filing the complaint is already over. However, the company can file a summary suit under Order 37 if the ingredients are present. Otherwise, it has to file a regular suit for recovery.
http://lawmirror.com/search/search.php?q=section+138+n.i.+act+condonation+of+delay+delay+in+sending+demand+notice+in+138&sel=headnote&page=1
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending notice.....
http://www.nishithdesai.com/information/research-and-articles/nda-hotline/nda-hotline-single-view/article/supreme-court-section-138-of-the-ni-act-is-self-contained-crpc-is-not-applicable-to-dishonour-of-c.html
Supreme Court has held that: The concept of “taking cognizance of the offence but not the offender” in the context of the Code of Criminal Procedure, 1973 (“CrPC”), is not applicable to proceedings under Section 138 of the Negotiable Instruments Act 1881 (“NI Act”).Section 138 is self-contained in so far as it creates an offence and prescribes the punishment;
http://www.nishithdesai.com/information/news-storage/news-details/article/supreme-court-section-138-of-the-ni-act-is-self-contained-crpc-is-not-applicable-to-dishonour-of-c.html
Supreme Court has held that: The concept of “taking cognizance of the offence but not the offender” in the context of the Code of Criminal Procedure, 1973 (“CrPC”), is not applicable to proceedings under Section 138 of the Negotiable Instruments Act 1881 (“NI Act”).Section 138 is self-contained in so far as it creates an offence and prescribes the punishment;
https://blog.ipleaders.in/negotiable-instruments-act-section-138/
Section 138 of Negotiable Instruments Act, 1881. The Negotiable Instruments Act, 1881, provides for three instruments namely promissory notes, bills of exchange and cheques. The word ‘negotiable’ means transferable with respect to consideration and ‘instrument’ is a written document which creates a right in favour of a person.Author: Sanjana Tripathy
https://www.vakilno1.com/legalviews/landmark-supreme-court-judgment-sec-138-negotiable-instruments-act.html
Oct 15, 2014 · Supreme Court Changes ground rule under Section 138 of Negotiable Instruments Act to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Through this judgment, SC provides relief to the holders of bounced cheques under the provisions of the Negotiable Instruments Act What is a Negotiable Instrument?
https://sites.google.com/site/2011aphighcourtcases/home/negotiable-instruments-etc/beforecondoningdelayinfilingchequebouncecasenoticetoaccusedismustnodoubtsection142ofthenegotiableinstrumentsactdoesnotexpresslyprovideforissuingofpriornoticetotheaccusedrespondentthereinbeforepassinganorderinapetitionfiledbythecomplainantthereunderbutithasnogroundforthelowercourttopassanordercondoningthedelaybehindthebackoftheaccusedafterexpiryofperiodoflimitationforfilingoftheprivatecomplaintieafter45daysofgivingstatutorynoticebythecomplainanttherevestsarightintheaccusedfornotbeingprosecutedforoffencepunishableundersection138ofthenegotiableinstrumentsactthesaidvestedrightofnotbeingprosecutedcanbetakenawayonlyafterhearingtheaccusedbygivingnoticetotheaccusedbeforecondonationofdelayinfilingthecomplaint
before condoning delay in filing cheque bounce case, notice to accused is must=No doubt, Section 142 of the Negotiable Instruments Act does not expressly provide for issuing of prior notice to the accused/respondent therein before passing an order in a petition filed by the complainant thereunder.
https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · when you establish the legal enforceble liability of payer, you can take penal action aganist the payer by filling complaint under section 138, 142 if NI Act, or 420 of I P C, or civil suit basing on the instrument and written agreement. first you decide the content of written stamped paper, then come to the conclusion whether the agreement is hand letter, agreement or promissory note etc. the ...
https://lawrato.com/cheque-bounce-legal-advice/time-limit-of-filing-case-against-cheque-bouncing-9746
Time Limit of filing case against cheque bouncing answered by expert cheque-bounce lawyer. Get free answers to all your legal queries from experienced lawyers & expert advocates on cheque-bounce & other legal issues at LawRato. Visit Now!
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