Limitation in cheque dishonour complaints requires first deciding the condonation application before cognizance or trial proceeds.

A complaint under Section 138 of the Negotiable Instruments Act filed beyond the prescribed period cannot proceed unless the trial court first decides the accompanying condonation application under the proviso to Section 142(b). Where delay is apparent and an application for sufficient cause is already on record, cognizance and further proceedings must await that threshold determination; otherwise, the prosecution is not sustainable. The proceedings were quashed and the matter remitted for fresh consideration of the delay application and disposal on merits.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act could be proceeded with when it was filed with a delay of five days and the application for condonation of delay had not been considered before trial.

Analysis: The complaint was accompanied by an application seeking condonation of delay under the proviso to Section 142(b) of the Negotiable Instruments Act. The objection on limitation was specifically raised before the first appellate court, but it was not considered. The governing principle applied was that, where delay in filing a complaint under Section 138 is noticed and an application for condonation is already on record, the trial court must consider that application at the threshold before proceeding further. The proviso to Section 142(b) confers power on the court to take cognizance after the prescribed period if sufficient cause is shown, and the object of the provision is to avoid defeat of substantive justice on technical limitation grounds.

Conclusion: The proceedings could not be sustained without first deciding the delay condonation application. The petition was allowed, the proceedings were quashed, and the matter was remitted to the trial court for fresh consideration of the application and disposal on merits.

Final Conclusion: A complaint under Section 138 filed beyond the prescribed period cannot continue unless the delay is first considered and, if sufficient cause exists, condoned by the trial court.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, when delay in filing the complaint is apparent and an application for condonation is on record, cognizance and proceedings must await a decision on condonation under the proviso to Section 142(b).

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