Time-Barred Section 138 Complaint Cannot Be Entertained First

S. Nagesh Vs Shobha S. Aradhya (Supreme Court of India) Delay Must Be Condoned Before Cognizance: Taking Cognizance of a Time-Barred Section 138 Complaint Is Jurisdictionally Invalid The Supreme Court held that a Magistrate cannot take cognizance of a complaint under Section 138 of the Negotiable Instruments Act, 1881 unless the delay in filing the complaint is first condoned in terms of the proviso to Section 142(1)(b). The Court clarified that condonation of delay is a condition precedent to taking cognizance, and any reversal of this statutory sequence is not a mere curable irregularity but...