Question
The delay in filing a complaint under Section 138 of
Negotiable Instrument Act, 1881 can be condonedÂSolution
The proviso to Section 142(1) of Negotiable Instrument Act- Cognizance of offences.—1 [(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973— (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
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