In legal proceedings, time is often of the essence. However, there are circumstances when unavoidable delays occur, which can have significant consequences for both plaintiffs and defendants. In cases related to Section 138 of the Negotiable Instruments Act, which pertains to dishonor of a check for insufficiency of funds, the need for timely action is paramount. But what happens when there are genuine reasons for a delay in initiating legal proceedings or filing a complaint? This is where the Application for Delay of Condonation comes into play.
The Application for Delay of Condonation is a legal remedy that allows individuals or entities to seek the court’s permission to condone the delay in filing a complaint under Section 138. This section of the Act deals with the criminal liability of a drawer of a dishonored check. In cases where a complainant has valid reasons for not filing a complaint within the stipulated timeframe, such as when they were unaware of the dishonor or faced unforeseen obstacles, this application serves as a means to seek condonation for the delay.
The application typically outlines the reasons for the delay, providing a detailed explanation to justify the need for condonation. It is then up to the court’s discretion to decide whether the delay should be condoned or not, taking into account the validity of the reasons presented.
The Application for Delay of Condonation is a legal tool that ensures fairness in cases involving the dishonour of checks under Section 138 of the Negotiable Instruments Act. It acknowledges that there can be legitimate grounds for a delay and allows for the consideration of these grounds in the pursuit of justice.