https://www.taxtmi.com/caselaws?id=301794 A complaint under Section 138 of the Negotiable Instruments Act filed beyond the prescribed period cannot proceed unless the trial court first decides the accompanying condonation application under the proviso to Section 142(b). Where delay is apparent and an application for sufficient cause is already on record, cognizance and further proceedings must await that threshold determination; otherwise, the prosecution is not sustainable. The proceedings were quashed and the matter remitted for fresh consideration of the delay application and disposal on merits. en-us Mon, 10 Aug 2015 00:00:00 +0530 Wed, 20 Apr 2022 20:11:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301794 A complaint under Section 138 of the Negotiable Instruments Act filed beyond the prescribed period cannot proceed unless the trial court first decides the accompanying condonation application under the proviso to Section 142(b). Where delay is apparent and an application for sufficient cause is already on record, cognizance and further proceedings must await that threshold determination; otherwise, the prosecution is not sustainable. The proceedings were quashed and the matter remitted for fresh consideration of the delay application and disposal on merits. Case-Laws Indian Laws Mon, 10 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301794