Delay of 4 days in filing of complaint -- Condonation of delay -- Cognizance stage – Interpretation of -- Complaint was filed on 18.8.2009 -- Magistrate took the cognizance and issued the process -- Notice of accusation was issued to accused on 14.2.2010 i.e. about six months later -- Case was then adjourned for the evidence of the complainant -- It was on 28.10.2011 i.e. nearly after one year and eight months of taking of cognizance of the complaint by the Court when the case was fixed for the evidence of the complainant, that an application for condonation of delay of four days was filed – Whether when the complaint is fixed for the evidence of the complainant, it is to be treated as the cognizance stage? -- The obvious reply is 'NO' -- Ld. Court below fell in error when he took a view that application for condonation of delay can be filed at any stage -- Stage of cognizance of the complaint was already over much earlier and therefore, the complainant could not take the shelter of proviso to Section 142(b) of the Act.

(P&H HC) Decided on: 10.03.2015

Cognizance by Magistrate -- At the time of filing the complaint, the Magistrate has to take cognizance of the complaint when it is within limitation and in case of delay in filing the complaint, the complaint has to come up with the application seeking condonation of delay.

(SC) Decided on: 11.08.2014

Condonation of delay -- Quashing of complaint by High court – Two communications, one a handwritten note and the other a formal legal notice issued by the advocate, were served on the accused calling upon him to pay the Cheque amounts – Before the Trial Court, the accused did not raise the issue of ‘limitation’ -- Issue was raised for the first time before the High Court in Section 482, Cr.P.C. proceedings -- High Court, considering the handwritten note sent by the appellant as ‘notice’ u/s 138 of the Act, came to the conclusion that the complaint is barred by limitation – Held, High Court was not right in quashing the complaint merely on the ground that complaint is barred by limitation -- High Court ought to have remanded the matter to the Trial Court for deciding the issue of limitation – Matter remanded back to Trial Court – Liberty given to Complainant file application for condonation of delay.

(SC) Decided on: 11.08.2014