https://www.taxtmi.com/caselaws?id=301758 In a prosecution under Section 138 of the Negotiable Instruments Act, the Magistrate must first decide an accompanying application for condonation of delay under Section 142(b) before taking cognizance and issuing summons. Where the complaint itself discloses delay and the order does not show that the application was considered, allowed, rejected, or deferred, proceeding straight to summons reflects an improper exercise of jurisdiction. The cognizance and summons order was set aside, and the matter was remitted for fresh consideration from the complaint stage after deciding delay condonation in accordance with law. en-us Mon, 17 Mar 2014 00:00:00 +0530 Mon, 18 Apr 2022 21:01:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301758 In a prosecution under Section 138 of the Negotiable Instruments Act, the Magistrate must first decide an accompanying application for condonation of delay under Section 142(b) before taking cognizance and issuing summons. Where the complaint itself discloses delay and the order does not show that the application was considered, allowed, rejected, or deferred, proceeding straight to summons reflects an improper exercise of jurisdiction. The cognizance and summons order was set aside, and the matter was remitted for fresh consideration from the complaint stage after deciding delay condonation in accordance with law. Case-Laws Indian Laws Mon, 17 Mar 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301758