Legal Question in Criminal Law in India

a issues chq to B dated 30 march. the chq is presented in last week on september(before exiry of 6 months) and bounces. no action taken

B again presents the chq in december and it is returend by bank Saying STALE CHQ. then B issues notice under 138.

Q1) Does the provisons of sec138 apply now???

In coming January B is arrested in a fraud case and is in jail for 11 months. comes out and after 3 months filesa comaplaint to majistrate to condone the delay under sec5 of limitations act to condone delay on grounds that he was in jail so could not file complaint.

Q2 Is the appeal tenable for condoning the delay??

Q3 if answer to Q1 is that the sec 138 provisions do not apply then can the appeal be quashed by bring to the courts notice that it is only being used to harass A as no case is formed out?? Pls advise


Asked on 6/25/12, 10:27 am

4 Answers from Attorneys
Global Legist Advocate & Legal Consultants

Hello ,

Yes you can pursue with Condonation of Delay.

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Answered on 6/25/12, 10:07 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

138 is not made out on a stale cheque. he may approach the civil court for recovery. in reply to appeal, the fact of the cheque being stale and presented beyond six months may bring relief to A.

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Answered on 6/26/12, 1:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 7/13/12, 3:08 am
Shrichand Nahar S.V.Nahar, Advocate

Adv Gupta is right.

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Answered on 7/19/12, 2:01 am


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