Negotiable Instruments Act, 1881 – ss.138, 142 – Dishonour of cheque for insufficiency, etc., of funds in the account – Cognizance of offences – Magistrate taking cognizance of the complaint u/s.138, before the delay of two days in its presentation was condoned – Correctness:
Held: Magistrate erred in taking cognizance of the respondent’s complaint u/s.138, even before the delay of two days in its presentation was condoned – It is manifest from the clear and unambiguous language of the proviso to s.142(1)(b) that the power conferred upon the Court to take cognizance of a belated complaint is subject to the complainant first satisfying the Court that he had sufficient cause for not making the complaint within time – Satisfaction in that regard, resulting in condonation of the delay, must therefore precede the act of taking cognizance – Ordinarily, a proceeding instituted with limitation-linked delay before a Court of law does not actually figure as a regular matter on its file until that delay is condoned – Thus, the approach of the High Court in treating this crucial aspect as a mere interchangeable exercise, either to first condone the delay or to first take cognizance, is not in keeping with the mandate of the proviso – Respondent herself responsible for this imbroglio as she had made a categorical statement in her complaint that it was filed within time, when it was not – Order passed by the High Court refusing to quash the same set aside. [Paras 14, 15]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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