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2020 (7) TMI 418 - HC - Indian LawsCondonation of delay in service of SCN - Time Limitation - Dishonor of Cheque - insufficient funds - offence punishable under section 138 of Negotiable Instruments Act, 1881 - It is contended that the accused deliberately issued the cheque without maintaining the required balance in his account and he had also not repaid the cheque amount after receipt of the legal notice - HELD THAT:- By way of amendment w.e.f. 6-2-2003, the proviso to Section 142 (1)(b) was appended to, thereby enabling the Court to condone the delay in filing the complaint, if the complainant is successful in satisfying the Court about the sufficient cause for not making the complaint within time. Admittedly the complainant had filed I.A.No.1 seeking condonation of delay even though I.A.No.1 is filed under section 141 of the Act. It is well settled proposition of law that quoting of the wrong provision of law cannot be a ground to reject the application. The complainant produced the postal endorsement issued by the Department of Posts dated 4-1-2010 in reply to the complaint dated 09-12-2009, enquiring about Registered Letter acknowledgement Due bearing No. 1705 dated 27-10-2009 and informing that the said RLAD has been delivered on 28-10-2009. Therefore it was clear that even though the Registered Letter with acknowledgement Due was issued on 27-10-2009, addressing the accused, the complainant had not received any intimation regarding its service and it was only on 4-1-2010, the complainant was intimated regarding its service. This reason assigned by the complainant in the application cannot be said to be unreasonable - If the complaint is to be dismissed on technical ground i.e. on delay of about 13 days, that will amount to preventing the complainant at the threshold level, without affording him an opportunity to put forth his contention on merits. Even if delay of the said 13 days is to be condoned, no prejudice will be caused to the accused and he can very well contest the matter on merits. The delay caused in filing the complaint may be condoned in the interest of justice - the impugned order passed by the trial Court is liable to be set aside, the complaint is to be restored on file and the matter is to be remanded back to the trial Court to try the same in accordance with law.
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