Section 138 NI Act: Delay In Filing The Complaint Can Be Condoned If Sufficient Cause Is Shown In The Complaint:SC

Section 138 NI Act: Delay In Filing The Complaint Can Be Condoned If Sufficient Cause Is Shown In The Complaint:SC

The Supreme Court IN CRIMINAL APPELLATE JURISDICTION , CRIMINAL APPEAL NO(S). 000868 OF 2019, (@SLP(Crl) No(s). 10811 of 2018) titled as “c Birendra Prasad Sah … VERSUS The State of Bihar & Anr. …”has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act can be taken by the court even after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.

The bench comprising Justice DY Chandrachud and Justice Hemant Gupta was concerned with an appeal against Patna High Court judgment which quashed a summons issued by Chief Judicial Magistrate in a cheque bounce complaint.

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