Limitation in cheque dishonour complaints requires a formal condonation request; mere issuance of process does not imply delay is excused.
A complaint under Section 138 of the Negotiable Instruments Act filed beyond the statutory period under Section 142(1)(b) was treated as time-barred because no application for condonation of delay was moved before the trial court. The document states that implied condonation cannot be inferred merely from issuance of process; a conscious request for delay to be excused must be made and considered after notice. It also notes that the complainant could have filed the complaint personally under Section 200 CrPC and could not shift the entire blame to counsel. Applying the limited scope of interference in appeal against acquittal, the trial court's view was held to be plausible and the dismissal was upheld.
Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act was barred by limitation and whether any implied condonation of delay could be inferred so as to warrant interference with the dismissal of the complaint.
Analysis: The complaint was filed after expiry of the statutory period and no application for condonation of delay was moved before the trial court. The statutory scheme requires a complaint under Section 138 to be filed within the prescribed time under Section 142(1)(b), and where delay is to be excused, a conscious request must be made and considered after due notice. A mere issuance of process does not amount to implied condonation. The complainant could have filed the complaint himself under Section 200 of the Code of Criminal Procedure, 1973 and could not shift the entire blame to counsel. In an appeal against acquittal, interference is warranted only where the trial court's view is illegal or perverse, and a plausible view based on the record cannot be disturbed.
Conclusion: The complaint remained time-barred, no implied condonation arose, and the trial court's view was a reasonable one. The dismissal of the complaint was upheld and the appeal failed.
TaxTMI 
AI Drafter ✕
TaxTMI 
