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Indian Laws - Highlights / Catch Notes

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Condonation of delay in service of SCN - Time Limitation - ...


Court Considers Condonation of 13-Day Delay in Serving SCN for Cheque Dishonor; Weighs Fairness Over Technicality.

July 18, 2020

Case Laws     Indian Laws     HC

Condonation of delay in service of SCN - Time Limitation - Dishonor of Cheque - insufficient funds - If the complaint is to be dismissed on technical ground i.e. on delay of about 13 days, that will amount to preventing the complainant at the threshold level, without affording him an opportunity to put forth his contention on merits. Even if delay of the said 13 days is to be condoned, no prejudice will be caused to the accused and he can very well contest the matter on merits.

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