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S. Nagesh v. Shobha S. Aradhya

Not available · 2026 INSC 27Decided 6 Jan 2026
Not available
Justice Sanjay Kumar · Justice Alok Aradhe

Background

A cheque-bounce complaint filed two days late had its delay condoned five years after the magistrate had already taken cognizance: the correct order under the law is to condone delay before, not after, cognizance.

Decision Breakdown

The Supreme Court held the wrong sequence was a jurisdictional defect, not a curable irregularity, and quashed the complaint.

Lesson Learnt

A court must formally excuse a filing delay before acting on the complaint, not after, getting the order backward can invalidate the entire proceeding.

Official source (sci.gov.in)View Judgment (PDF)

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