https://www.taxtmi.com/caselaws?id=460170 In a prosecution under section 138 of the Negotiable Instruments Act, a delayed complaint cannot be carried forward unless the court first decides the condonation application by a speaking order after notice and hearing to the accused. The accused must be given an opportunity to oppose condonation because limitation is a substantive defence, and proceeding to register the complaint and frame charge without that adjudication violates natural justice. The complaint registration and charge were therefore unsustainable, and the matter was remitted for fresh consideration of the delay application. en-us Mon, 19 Dec 2016 00:00:00 +0530 Tue, 14 Jan 2025 19:59:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460170 In a prosecution under section 138 of the Negotiable Instruments Act, a delayed complaint cannot be carried forward unless the court first decides the condonation application by a speaking order after notice and hearing to the accused. The accused must be given an opportunity to oppose condonation because limitation is a substantive defence, and proceeding to register the complaint and frame charge without that adjudication violates natural justice. The complaint registration and charge were therefore unsustainable, and the matter was remitted for fresh consideration of the delay application. Case-Laws Indian Laws Mon, 19 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460170