Limitation in cheque dishonour complaints requires prior consideration of delay and sufficient cause before cognizance is taken.

A cheque dishonour complaint filed beyond limitation cannot proceed on a summoning order that shows no consideration of delay or sufficient cause. Where the complaint itself discloses that it was time-barred and no condonation application accompanied it, the court must first examine whether the complainant can explain the delay under the statutory scheme before taking cognizance. If the trial court has not applied its mind to limitation, the defect is not cured by later stages of the proceedings. The proper course is to remand the matter so the complainant may seek condonation and the delay may be considered in accordance with law.

---

---

Issues: Whether the summoning order in a cheque dishonour complaint was liable to be set aside on the ground that the complaint was filed beyond limitation without a separate application for condonation of delay, or whether the matter should be remanded to enable consideration of sufficient cause for delay.

Analysis: The complaint itself disclosed that it was filed beyond the prescribed period of limitation, but no application for condonation of delay accompanied it. The summoning order did not reflect any consideration of the delay or the reasons said to justify it. Under the statutory scheme governing cheque dishonour complaints, cognizance may be taken after the prescribed period if the complainant satisfies the Court that sufficient cause existed for not filing within time. Since the trial court had not applied its mind to the issue of limitation, the defect could not be treated as cured merely by the later stage of proceedings. At the same time, where the complaint itself discloses the delay, the complainant should be afforded an opportunity to seek condonation and explain the cause for delay in accordance with law.

Conclusion: The summoning order was not sustainable as passed, and the matter was sent back to the trial court at the stage of taking cognizance for consideration of the delay and any request for condonation. The petitioner obtained relief to that extent.

---