https://www.taxtmi.com/caselaws?id=768148 A complaint under Section 138 of the Negotiable Instruments Act is maintainable where limitation is computed by excluding the starting day and the filing is within time or involves only a marginal delay capable of condonation on sufficient cause; a separate condonation application is not invariably required, and the Magistrate may take cognizance where the statutory conditions are satisfied. At the summoning stage, the court need only see whether the complaint and supporting affidavit disclose a prima facie case, including specific averments as to the company official's role, without deciding disputed questions of liability. The quashing challenge therefore failed and the complaint was allowed to proceed. en-us Thu, 21 Nov 2024 00:00:00 +0530 Wed, 02 Apr 2025 08:35:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768148 A complaint under Section 138 of the Negotiable Instruments Act is maintainable where limitation is computed by excluding the starting day and the filing is within time or involves only a marginal delay capable of condonation on sufficient cause; a separate condonation application is not invariably required, and the Magistrate may take cognizance where the statutory conditions are satisfied. At the summoning stage, the court need only see whether the complaint and supporting affidavit disclose a prima facie case, including specific averments as to the company official's role, without deciding disputed questions of liability. The quashing challenge therefore failed and the complaint was allowed to proceed. Case-Laws Indian Laws Thu, 21 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768148