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S. Nagesh vs. Shobha S. Aradhya (SC)

54.00 5.40

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Negotiable Instruments Act, 1881–Secs. 138 & 142–Trial Court first took the cognizance for the offence, and thereafter, condoned the delay of two days–Proviso to Sec. 142 prescribes that the satisfaction in regard to sufficient cause, resulting in condonation of delay must precede the act of taking cognizance–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 the delay is condoned–The order passed by the High Court refusing to quash the proceedings is liable to be set aside.