S. NAGESH versus SHOBHA S. ARADHYA

Case summary from SCR

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 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 complaint u/s.138, even