S. NAGESH versus SHOBHA S. ARADHYA

S. NAGESH versus SHOBHA S. ARADHYA

The learned Magistrate erred in taking cognizance of the respondent's complaint under Section 138 of the NI Act before the two-day delay in presentation was condoned; under the clear language of the proviso to Section 142(1)(b), the Court's satisfaction as to sufficient cause (and consequent condonation of delay) must precede taking cognizance, and therefore the complaint was quashed.

Parties
Appellant: S. Nagesh; Respondent: Shobha S. Aradhya
Jurisdiction
India
Judgment Date
06 January 2026
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Section 138 NI Act, Section 142 NI Act, Cognizance, Limitation, Condonation of Delay, Magistrate Jurisdiction
Negotiable Instruments Act, 1881 Code of Criminal Procedure, 1973 Code of Civil Procedure, 1908 Section 138 NI Act Section 142 NI Act Cognizance Limitation Condonation of Delay +1 more

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Parties

S. Nagesh

Appellant

Shobha S. Aradhya

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a Magistrate can take cognizance under Section 138 of the NI Act of a belated complaint before the delay in presentation is condoned under the proviso to Section 142(1)(b)

Ratio Decidendi

The learned Magistrate erred in taking cognizance of the respondent's complaint under Section 138 of the NI Act before the two-day delay in presentation was condoned; under the clear language of the proviso to Section 142(1)(b), the Court's satisfaction as to sufficient cause (and consequent condonation of delay) must precede taking cognizance, and therefore the complaint was quashed.

Court Disposition

Appeal allowed

Orders

  • Order dated 28.06.2024 of the High Court of Karnataka in CRLP No. 9119 of 2018 set aside
  • Complaint in PCR No. 3144 of 2013 (converted as CC No. 1439 of 2014 on the file of I Additional I Civil Judge and Judicial Magistrate First Class, Mysore) is quashed