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Condonation of delay in cheque bounce case
30-Jul-2023 (In Cheque Bounce Law)
If complainant is time barred in filing case 138ni act and not filed application of Condonation of delay while filing case and Megistrate has still send me summon order.nI have taken certified copies on first date of summon date. There is no application filed for condonation of delay in certified copies.nHow can Megistrate consider this case without application of Condonation as it's is time barred? Is it permitable as per law? Can I challenge summon order? & Go for revision? Plz suggest.
Condonation Of delay is a mandatory requirement if there is a delay in filing the complaint. If you have received the summons, it means that either the magistrate has overlooked the delay while issuing process or, the complainant has suppressed facts and fraudulently obtained the order.
In either of the circumstances, you will either have to file a revision or a writ petition before the high court to set aside the order. Again, there is a limitation period for you too in order to file the above petitions.
In either of the circumstances, you will either have to file a revision or a writ petition before the high court to set aside the order. Again, there is a limitation period for you too in order to file the above petitions.
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Adv. Sudarshan Desai
Pune | 200+ Answers
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yes you can take the defence that the matter is infructuous and the matter has no value. but are very sure the matter is time bard because magistrate will itself not take the Cognizance of matter. if it's delayed then you can take the defence that matter is out of dealy and matter does not take any stand
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Adv. Nilesh Dilip Bora
Pune | 25+ Answers
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As you have mentioned, that, you have duly received Summons from your opponent in Sec 138 of the NI Act, thus accordingly, mark your presence in Court on the Date mentioned in the Notice to appear, by appointing an Advocate to defend you, who will be raising ground of limitation before that concerned Judge to dismiss the case filed against you by convincing the Judge, that, the case has become time barred as per the concerned sections of the Limitation Act, 1963.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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