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Condonation of Delay under Section 138

Yes, the delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881 can be condoned by the court.

Originally, the Act did not provide for condonation. However, by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, a proviso was added toSection 142(1)(b).

Under this proviso, the Magistrate may take cognizance of a complaint after the prescribed period of one month, if the complainant satisfies the Court that they had "sufficient cause" for not making the complaint within the stipulated period.

In the landmark case of MSR Leathers v. S. Palaniappan (2013), the Supreme Court affirmed that the provisions of Section 142 are designed to facilitate justice and condonation should be considered liberally if genuine grounds are established.

Source Inspector

Statute Reference

Section 142(1)(b), NI Act, 1881

"...provided that the cognizance of a complaint may be taken after the prescribed period, if the complainant satisfies the court that he had sufficient cause..."

Supreme Court Precedent

MSR Leathers v. S. Palaniappan (2013) 1 SCC 177

"The proviso to Section 142(b) explicitly permits the court to take cognizance of a complaint filed after the expiry of the period of limitation, upon sufficient cause shown."

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15-Day Demand Notice Is Mandatory

Section 138(b), NI Act 1881

Before filing a criminal complaint for cheque dishonour, the payee MUST send a written demand notice to the drawer and wait 15 days. Filing without this notice makes the complaint non-maintainable.

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Important Legal Disclaimer

Nyaya is an advanced legal research tool built for advocates and legal scholars. It does not constitute legal advice and does not establish an attorney-client relationship. While we enforce 100% source-grounded answers to prevent hallucination, legal professionals are advised to cross-check critical citations before submitting pleadings to courts of law.

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“I used to spend 2–3 hours researching limitation periods and relevant precedents before drafting a notice. Nyaya cuts that to 15 minutes. The citations are accurate — I’ve verified them against SCC Online multiple times.”

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“The Section 138 notice generator alone is worth the subscription. It drafts a complete, citation-correct notice in under 2 minutes. I’ve sent over 40 notices drafted with Nyaya this month.”

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Adv. Kavitha Sharma

Managing Partner · New Delhi

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