RENU BATRA Vs. SUSHIL BATRA

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the orders dated 26.11.2013 and 22.04.2014. Learned counsel for the petitioner has submitted that the complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) had been filed after the period of limitation had expired. Respondent had failed to explain the delay in filing the complaint. Respondent has filed the complaint against the petitioner under Section 138 of the Act with regard to dishonour of cheque dated 31.12.2011 in the sum of Rs.10,00,000/ -. Alongwith the complaint, an application was moved by the respondent under Section 142 (b) of the Acts. Vide order dated 26.11.2013, trial Court condoned the delay in filing the complaint. The said order was upheld by the Court of revision vide order dated 22.04.2014. Hence, the present petition.

(2.) SECTION 142 of the Act reads as under: - 142 Cognizance of offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)

(3.) THUS , as per above provision, the Court has the power to take cognizance of the complaint after the prescribed period, if the complainant satisfies the Court that he has sufficient cause for not filing the complaint within the prescribed period.