Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 30 CC NI ACT 921/2023
PRADEEP SINGH PROP Vs. RAJDHANI TRADING COMPANY THROUGH ITS
PROP JABAR SINGH /0 (Gandhi Nagar)
20.02.2026
Present: Ms. Kiran, Ld. Counsel for complainant.
None for accused.
Matter is at the stage of arguments of application for condonation of delay
moved on behalf of the complainant.
None has appeared on behalf of the proposed accused. In view of the same,
right of the proposed accused to argue on the said application stands closed.
By way of the present application for condonation of delay, it has been
submitted on behalf of the complainant that there is a delay of 12 days in filing the present
complaint. It is further submitted that the main counsel was suffering from severe chest
infection and could not file the matter in time.
Arguments heard on behalf of the complainant. Record has been perused.
As per proviso to Section 142(b) of NI Act, in cases of complaints filed after
the prescribed period of one month, cognizance may be taken only if the complainant
satisfies the court that he had sufficient cause for not making the complainant within such
period. While considering explanation offered by the complainant, the quantum or length of
the period of delay is not a relevant factor. It is a settled principle of law that procedural
law is handmaid of justice and that substantial cause of justice should not be allowed to be
defeated by mere technicalities of law. It has been held in a catena of cases of that the
explanation offered by the complainant for explaining the delay must be construed
pragmatically and not in a pedantic manner.
Applying the aforesaid principles to the present case, I am of the opinion that
the delay seems to be bona-fide. In view of the above discussion, in my considered opinion,
there is sufficient cause for not filing the present complaint within the prescribed period.
Hence, the present application for condonation of delay is hereby allowed.
Application stands disposed of accordingly.
List the matter for consideration on 10.06.2026.
(Shraddha Tripathi)
JMFC-02 (NI Act),
East /KKD/20.02.2026
-- 1 of 1 --