https://www.taxtmi.com/caselaws?id=396592 Cognizance of a cheque-dishonour complaint under Section 138 of the Negotiable Instruments Act was barred where the complaint was filed beyond the one-month statutory period after the cause of action arose, and no application for condonation or showing of sufficient cause was made under the proviso to Section 142(1)(b). The special limitation scheme under the Act had to be applied strictly, so cognizance under Section 138 was unsustainable. The complaint also did not disclose the essential ingredients of cheating under Section 420 of the IPC, particularly any premeditated intention to defraud, so cognizance of that offence was not sustainable. The cognizance order was set aside and the matter remitted for limited consideration of delay. en-us Tue, 07 Jul 2020 00:00:00 +0530 Mon, 13 Jul 2020 10:56:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=396592 Cognizance of a cheque-dishonour complaint under Section 138 of the Negotiable Instruments Act was barred where the complaint was filed beyond the one-month statutory period after the cause of action arose, and no application for condonation or showing of sufficient cause was made under the proviso to Section 142(1)(b). The special limitation scheme under the Act had to be applied strictly, so cognizance under Section 138 was unsustainable. The complaint also did not disclose the essential ingredients of cheating under Section 420 of the IPC, particularly any premeditated intention to defraud, so cognizance of that offence was not sustainable. The cognizance order was set aside and the matter remitted for limited consideration of delay. Case-Laws Indian Laws Tue, 07 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=396592