2008 CRI. L. J. 1230 ::2008 (2) All LJ NOC 314 ::(2008) 3 CivilCourtC 707 ::(2008) 3 AllCriLR 57 ::(2008) 4 BankCas 223 ::(2008) 2 NIJ 415 ::2008 AllMR(CRI) 171

Gujarat High Court

Hon'ble Judge(s): Mukesh R. Shah , J

Negotiable Instruments Act (26 of 1881) , S.138(b), S.142— Dishonour of cheque - Delay in issuing notice by complainant - Cannot be condoned under S. 142 - Power to condone delay as provided under S. 142 is to be read and considered only with regard to delay in filing complaint. Provisions of statute, more particularly Section 138 of the N.I. Act are required to be complied with strictly and any deviation would entail consequences of non-maintainability of complaint. Power to condone delay as provided under S. 142 of the N.I. Act is to be read and considered only with regard to delay in filing the complaint within period of one month and it cannot be extended to condone delay with regard to other lapses more particularly delay in issuing notice as contemplated under S. 138(b) of the N.I. Act.(Para 8)