H. S. Oberoi Buildtech Pvt. Ltd & Ors. vs MSN Woodtech - S.138 NI Act - Limitation
Negotiable Instruments Act 1881 - Section 138,142- Once the statute prescribes a mandatory time limit for filing a complaint, there cannot be any deviation from the same except when an application accompanying the complaint is filed seeking condonation disclosing reasons for the delay and even then it is obligatory on the part of the Court to take note of such filing beyond limitation and to consider the reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of that case condonation is justified. [Context: SC disagreed with the Delhi HC view that, in terms of Section 142(b) of the Act, filing of an application for condonation of delay is not a statutory mandate.]
Case Info
The case is
Case Name and Neutral Citation
- Case Name: H. S. Oberoi Buildtech Pvt. Ltd & Ors. vs M/S MSN Woodtech
- Neutral Citation: Criminal Appeal No. of 2025 (Arising out of SLP(Crl.) No. 2002/2025), Supreme Court of India
Coram
- Hon’ble Mr. Justice Ahsanuddin Amanullah
- Hon’ble Mr. Justice K. Vinod Chandran
Judgment Date
- Date: 09 September 2025
Caselaws and Citations
- Caselaws/Citations:The judgment does not explicitly cite any previous cases or legal precedents. The reasoning is based on statutory interpretation and procedural requirements under the Negotiable Instruments Act, 1881.
Statutes/Laws Referred
- Negotiable Instruments Act, 1881
- Section 138: Deals with dishonour of cheque for insufficiency of funds.
- Section 142: Prescribes limitation period and procedure for taking cognizance of offences under Section 138, including the power to condone delay under the proviso to Section 142.