S. Nagesh v. Shobha S. Aradhya; 2026 INSC 27 - NI Act - Delay Condonation - Taking Cognizance
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Negotiable Instruments Act 1881 - Section 138, 142 - The power conferred upon the Court to take cognisance of a belated complaint is subject to the complainant first satisfying the Court that he had sufficient cause for not making the complaint within time. The satisfaction in that regard, resulting in condonation of the delay, must therefore precede the act of taking cognizance. (Para 14) [SC held that Magistrate erred in taking cognisance of the complaint under Section 138 of the NI Act, even before the delay of two days in its presentation was condoned. ]
Practice and Procedure - Limitation - Ordinarily, a proceeding instituted with limitation-linked delay before a Court of law does not actually figure as a regular matter on its file until that delay is condoned. Order XLI Rules 3A and 5(3) of the Code of Civil Procedure, 1908, make this position amply clear in the context of belated presentation of civil appeals. (Para 14)
Case Info
Case Details
- Coram: Sanjay Kumar, J.; Alok Aradhe, J.
- Judgment date: January 6, 2026.
Caselaws and Citations
- Dashrath Rupsingh Rathod v. State of Maharashtra and another, (2014) 9 SCC 129.
Statutes/Laws Referred
- Code of Criminal Procedure, 1973: Section 482.
- Negotiable Instruments Act, 1881: Sections 138 and 142(1)(b) with proviso.
- Code of Civil Procedure, 1908: Order XLI Rules 3A and 5(3) (illustrative reference on limitation and condonation).
