https://www.taxtmi.com/caselaws?id=301749 A complaint under Section 138 of the Negotiable Instruments Act was held time-barred because the cause of action arose on expiry of 15 days from receipt of the statutory notice, not from the complainant's later knowledge of service. As the complaint was filed beyond the Section 142 period and no condonation application accompanied it when cognizance was taken, the Magistrate lacked a proper basis to proceed. A later request for condonation during trial did not cure the initial defect, since limitation and sufficient cause had to be examined before cognizance. The appellate court therefore treated the trial as vitiated and upheld the acquittal. en-us Tue, 23 Mar 2010 00:00:00 +0530 Mon, 18 Apr 2022 16:28:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301749 A complaint under Section 138 of the Negotiable Instruments Act was held time-barred because the cause of action arose on expiry of 15 days from receipt of the statutory notice, not from the complainant's later knowledge of service. As the complaint was filed beyond the Section 142 period and no condonation application accompanied it when cognizance was taken, the Magistrate lacked a proper basis to proceed. A later request for condonation during trial did not cure the initial defect, since limitation and sufficient cause had to be examined before cognizance. The appellate court therefore treated the trial as vitiated and upheld the acquittal. Case-Laws Indian Laws Tue, 23 Mar 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301749