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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - complaint has been lodged beyond the ...


ACJM Oversteps Jurisdiction: Summons Issued for Cheque Dishonor Beyond Legal Limit Without Cognizance or Delay Condonation.

May 23, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - complaint has been lodged beyond the statutory period of limitation - the instant case learned ACJM has acted beyond his jurisdiction by issuing summons to the petitioner without even taking cognizance of the offence, contrary to the provision laid down in the Act, without having any occasion of being satisfied for condoning the delay. Taking of cognizance on satisfactory condonation of delay are statutory requirements which cannot be presumed on issuance of process to accused. The impugned order is bad in law and is not tenable under such circumstances. - HC

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