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1 - 10 of 18 (0.43 seconds)Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Pawan Kumar Ralli vs Maninder Singh Narula on 11 August, 2014
21. No doubt there has been oversight by the learned Metropolitan
Magistrate as well as the learned counsel for the respondent at the time when
the impugned order of taking cognizance was passed. The Hon'ble Supreme
Court in Pawan Kumar Ralli (supra) had emphasised that the remedy
provided for condonation of delay is available to "genuine litigant" to pursue
his case under Section 138 of the NI Act to overcome the technicalities of
period of limitation.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Amarendra Dhari Singh vs Aditi Shivinder Singh on 18 May, 2023
In view of the aforesaid discussion and facts and circumstances of the
present case, the impugned summoning order dated 13.09.2022 passed in
Criminal Complaint No. 6073/2022 titled as "Amarendra Dhari Singh vs.
Aditi Singh" is hereby set aside.
Msr Leathers vs S. Palaniappan And Anr on 26 September, 2012
In view of the settled principles of law in Rakesh Kumar
Jain [Rakesh Kumar Jain v. State, (2000) 7 SCC 656 : 2001 SCC (Cri)
208] , MSR Leathers [MSR Leathers v. S. Palaniappan, (2013) 1 SCC
177 : (2013) 1 SCC (Civ) 424 : (2013) 2 SCC (Cri) 458] and Subodh S.
Salaskar [Subodh S. Salaskar v. Jayprakash M. Shah, (2008) 13 SCC
689 : (2009) 3 SCC (Cri) 834] and in the peculiar facts and
circumstances of the case, we are of the considered opinion that the High
Signature Not Verified
Digitally Signed
By:SHIWANI NEGI CRL.M.C. 6436/2023 Page 14 of 18
Signing Date:18.04.2025
15:57:07
Court was not right in quashing the complaint merely on the ground that
complaint is barred by limitation, that too a plea which was taken for the
first time before the High Court. On the other hand, the High Court ought
to have remanded the matter to the trial court for deciding the issue of
limitation. At the same time, we want to make it very clear that by this
observation we are not laying down a legal proposition that without even
filing an application seeking condonation of delay at an initial stage, the
complainant can be given opportunity at any stage of the proceeding. As
already discussed by us in the foregoing paragraphs, we have come to the
irresistible conclusion, to afford an opportunity for the complainant to
move an application seeking condonation of delay, under the peculiar
facts and circumstances of the case."