Curable delay in Section 138 complaints prevents quashing where the missing affidavit can be filed and condonation decided on merits.

Delayed complaints under Section 138 of the Negotiable Instruments Act were treated as involving a curable procedural defect rather than a ground for quashing at the threshold. The absence of an accompanying affidavit explaining the delay did not by itself justify interference under Section 482 CrPC, because the complainant could be directed to file the affidavit, the accused could respond, and the trial court could decide condonation on merits. The complaints were therefore not liable to be quashed on that basis.

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Issues: Whether criminal complaints under Section 138 of the Negotiable Instruments Act filed with delay, but without an accompanying affidavit explaining the delay, could be quashed under Section 482 of the Code of Criminal Procedure.

Analysis: The delay in filing the complaints was treated as a procedural defect. The Court relied on the view that non-filing of an affidavit setting out reasons for delay does not make the complaint liable to be quashed at the threshold, because the defect is capable of being cured. The complainant can be directed to file an affidavit explaining the delay, after which the accused may file a counter and the trial court may decide the question of condonation on merits.

Conclusion: The complaints were not liable to be quashed on the ground of delay and absence of an accompanying affidavit; the defect was curable and the petitioners were not entitled to the relief sought.

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