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TMI Blog2019 (6) TMI 1727X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant came to know that the complaint was time barred, he filed petitions to advance the case and to condone the delay of 9 days in filing the complaint by virtue of amended provisions of the N.I. Act. The court below dismissed the petition to condone the delay of 9 days and consequently, the accused was acquitted under Section 255(1) Cr. P.C. 3. The question under challenge before this Court is only with regard to the acquittal of the accused under Section 255(1) Cr.P.C on the ground of delay in filing the complaint. The court below discussed the same in point No.4 of the impugned judgment. Ext.P1 cheque dated 05.06.2004 was issued by the respondent/accused and it was dishonoured due to insufficiency of funds. Ext.P2 is the memo dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he had sufficient cause for not making a complaint within such period. (c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138." 4. Section 142(b) of the NI Act states that such complaint has to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138. A proviso was added to Section 142 of the Act by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002). Before carrying out the amendment to Sections 138 to 142, a working group was constituted to make recommendation as to what changes were needed to effectively achieve the purpose of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the stipulated period. It is also held that while entertaining an application for condonation of delay under Section 142, there is no requirement that the complainant should file an affidavit in support of the petition for condonation of delay. Sufficient cause be shown in the complaint itself or in the application for condonation of delay or in the affidavit, if any, or in other materials which would be sufficient to satisfy the court that the complainant had sufficient cause for not filing the complaint within the specified period. It is further held that a detailed enquiry giving an opportunity to the parties to adduce oral evidence is not necessary at the stage of taking cognizance to decide whether the delay deserves to be condoned. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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