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2020 (5) TMI 341 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - summon of applicant to face trial under Section 138 of NI Act - HELD THAT:- The present complaint was filed in 2006 after the amendment has came into force. Thus according to the proviso if the complainant has put forth the reason in the complaint itself for not filing the complaint within time and the learned Magistrate is satisfied that delay has been explained can take cognizance of the offence as such the said case is not applicable in the present facts and circumstances of the case. It is not incumbent upon the opposite party no.2 to file separate application for condoning the delay in filing the complaint in view of the proviso to Section 142 of the Act. The complainant had satisfied that she had sufficient cause for not making a complaint within the prescribed period as there is an explanation of the delay in filing the complaint the learned court below has committed no error in rejecting the objection of the applicant in the light of the amended proviso of Section 142 of the Act who however succeeded in getting the proceeding of the present case stalled for a long period. The other factual aspect of the case cannot be decided at the threshold, which is the subject matter of trial. Thus it cannot be said that the filing of complaint was barred by limitation, the learned Magistrate has rightly rejected the objection filed by the applicant by impugned order dated 18.10.2010 which does not call for any interference. The applicant has utterly failed to make out any case that the cognizance is bad in law, hence there is no justifiable reason to quash the proceeding pending against the applicant since 2010. The application is absolutely misconceived and is accordingly dismissed - application dismissed.
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