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The HC dismissed a petition challenging a summoning order in a dishonored cheque case. The Court found the complaint was filed within the limitation period, as the 30-day limitation under Section 142(b) of the NI Act began on December 3, 2019 (following the 15-day notice period), making the January 2, 2020 deadline. While there appeared to be a 3-day delay, the Court noted that such minor delay was condonable under Section 142(b). The Court determined a prima facie case existed against the petitioners based on the respondent's affidavit evidence, which was sufficient under Section 145 of the NI Act for issuing summons. The petitioners' arguments regarding corporate liability were deemed premature and could be raised during trial.
The HC dismissed a petition challenging a summoning order in a dishonored cheque case. The Court found the complaint was filed within the limitation period, as the 30-day limitation under Section 142(b) of the NI Act began on December 3, 2019 (following the 15-day notice period), making the January 2, 2020 deadline. While there appeared to be a 3-day delay, the Court noted that such minor delay was condonable under Section 142(b). The Court determined a prima facie case existed against the petitioners based on the respondent's affidavit evidence, which was sufficient under Section 145 of the NI Act for issuing summons. The petitioners' arguments regarding corporate liability were deemed premature and could be raised during trial.
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