Cheque bounce case -- Delay of 4 days in filing of complaint – Condonation of delay -- Magistrate took the cognizance and issued the process -- Notice of accusation was issued to accused about six months later -- Case was then adjourned for the evidence of the complainant -- 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