Extension of Time or Condonation of Delay in Filing Complaint Under Section 138 of the Negotiable Instruments Act - Whether Permissible Under The Law?
By
P. R. Thakur
Section 142 of the Negotiable Instruments Act, 1881 as amended by the Banking, Public Financial Institutions and Negotiable Instruments Law (Amendment) Act. 1988 (hereinafter referred to as ‘the Act’) provides specifically and clearly in its clause (b) that a complaint for an offence punishable under S. 138 of the Act is to he made within one month of the date on which cause of action arises under clause (c) of the proviso to S. 138 of the Act. The question is whether aid of S. 473 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code’) or S. 5 of the Limitation Act, 1963 (hereinafter referred to as ‘the Limitation Act’) can be invoked with a view to extend time or condone delay in filing a complaint under S. 138 of the Act.
Section 473 of the Code provides as follows :
“473. Extension of Period of Limitation in certain Cases
Notwithstanding anything contained in the foregoing prov ....