Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 504 - HC - Indian LawsDishonor of Cheque - Time Limitation - only contention is that though the complaint has been filed on 17.03.2010 within the period of limitation, as it could be seen from the complaint and from the seal of the Lower Court, the complaint was returned to the respondent to represent within a period of two weeks time - proviso as per the Section 142 of the Negotiable Instruments Act. Held that:- If there is any delay in filing the complaint under the Negotiable Instruments Act, if a delay is explained to the satisfaction of the Court concerned, the same may be condoned. In this case, though, the complaint was filed well within the time, the delay of 147 days has occurred in representing the complaint. Hence, the Trial Court taking the Crl.M.P.No.7229 of 2010 on the file and issuance of notice to the petitioner who is an accused in un-numbered S.T.C. of 2010 cannot be construed as an abuse of process of law - the case is pending even without assigning S.T.C. Number from the year 2010, due to the pendency of the above Criminal Original Petition. Under Section 143 to 146 of the Negotiable Instruments Act, it could be seen that these amendments have been made for the purpose of the speedy disposal of the cases filed under Negotiable Instruments Act. Considering the inordinate delay, even at the pre-cognizant stage of the above case, this Court in the interest of justice directs the Trial Court to proceed with the case as expeditiously as possible.
|