Supreme Court of India
S. Nagesh v. Shobha S. Aradhya
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From the headnote
Issue for Consideration Issue arose as regards the correctness of the order passed by the Magistrate taking cognizance of the respondent’s complaint u/s.138 of the NI Act, even before the delay of two days in its presentation was condoned. Headnotes† Negotiable Instruments Act, 1881 – ss.138, 142 – Dishonour of cheque for insufficiency, etc., of funds in the account – Cognizance of offences – Magistrate taking cognizance of the complaint u/s.138, before the delay of two days in its presentation was condoned – Correctness: Held: Magistrate erred in taking cognizance of the respondent’s
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