The Supreme Court of India has reiterated that the 30-day time limit prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 (NI Act) for filing a cheque dishonour complaint is mandatory in nature. The Court quashed a complaint that had been filed beyond this statutory period without any application for condonation of delay.
⚖️ Case Background
- The case arose when the complainant filed a cheque dishonour complaint five days after the expiry of the 30-day period prescribed by law.
- Crucially, no application for condonation of delay was filed along with the complaint.
- The trial court issued summons, and the Delhi High Court later upheld the order.
- On appeal, the Supreme Court examined whether such a complaint could be sustained despite being time-barred.
🏛️ Supreme Court’s Observations
The Bench held that:
- Strict compliance is required: The 30-day period mentioned in Section 142(b) is not directory but mandatory.
- Delay needs explanation: Any complaint filed beyond the limitation period must be accompanied by an application explaining the delay and seeking condonation.
- Judicial satisfaction is necessary: Courts cannot assume condonation; they must record reasons showing satisfaction that the delay is justified.
- No automatic condonation: Merely issuing summons cannot be treated as implied condonation of delay.
Since the complainant had not filed any such application and there was no judicial order condoning the delay, the Supreme Court quashed the proceedings.
📌 Legal Significance
- This ruling underscores that statutory timelines must be adhered to in cheque dishonour cases.
- It prevents the misuse of process and protects accused persons from stale or delayed claims.
- It serves as a reminder that procedural compliance is as crucial as substantive rights under the NI Act.
- Complainants must act promptly and ensure all procedural requirements are satisfied while filing complaints.
📍 Conclusion
The Supreme Court’s decision strengthens the principle of certainty and discipline in criminal proceedings under the NI Act. It sends a clear message that delays cannot be casually overlooked and that the statutory safeguard of a 30-day filing limit must be strictly enforced.
