Relevant extracts from Section 142 of the Negotiable Instruments Act are given below:
“142. Cognizance of offences.— (1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138:
Provided that the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period.”
It is clear from the above that the normal limitation period for filing a complaint in a cheque bounce case under Section 138 of the Act is one month from the date on which the cause of action arises under clause (c) of the proviso to Section 138. This means one month from the date on which the drawer of such cheque fails to make the payment of the amount of money to the payee within 15 days of the receipt of the notice.
However, it is also clear from the above that the court has the power to condone the delay in filing the complaint of cheque bounce beyond the above one month time limit, if the complainant satisfies the court that he had sufficient cause for not making a complaint within the said period of one month.
There is no limit mentioned in the above legal provision up to which the delay can be condoned. This basically means that theoretically there is no time limit for delay which can be condoned. However, in practice, it has to be a reasonable delay which can be satisfactorily explained by the complainant.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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