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B.K. Sarkar And Anr. vs State Of Gujarat And Anr. on 12 September, 2007

17. The learned counsel for the accused at this juncture has referred the judgment reported in 2008 (3) SCCH-24 10 C.C.13844/2022 Crimes (HC) 230 (Gujarat) between B.K Sarkar & Anr., Vs. State of Gujarat & Anr. In the said case there is delay of one day in issuing demand notice. The Hon'ble Gujarat High Court by referring Sec. 138 (b) of NI Act has observed that there is no power to condone delay in issuing notice u/Sec. 138 (b) of the Act. Power to condone delay provided under Section 142 of the Act was with regard to delay in filing complaint within one month and could not be extended to condone delay with regard to other lapses. In the said case, complaint was dismissed as not maintainable and proceedings were quashed on that sole ground.
Gujarat High Court Cites 5 - Cited by 3 - M R Shah - Full Document
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