S. Nagesh versus Shobha S. Aradhya, 2026
It reaffirmed that criminal jurisdiction is statutory and cannot be assumed casually.
Judgement Details
Court
Supreme Court of India
Date of Decision
10 January 2026
Judges
Justice Sanjay Kumar & Justice Alok Aradhe
Citation
Acts / Provisions
Facts of the Case
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The dispute arose from an alleged loan of ₹5.40 lakhs advanced by the complainant.
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A cheque dated 10 July 2013 was issued by the accused.
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The cheque was dishonoured on 17 July 2013.
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A statutory notice was issued, and the cause of action arose in late August 2013.
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The complaint under Section 138 NI Act was filed on 09 October 2013.
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The complaint was filed beyond the one-month limitation period prescribed under Section 142(1)(b).
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The Magistrate took cognizance of the complaint without first condoning the delay.
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Nearly five years later, the delay of two days was condoned on medical grounds.
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The Karnataka High Court upheld the proceedings, treating the premature cognizance as a curable irregularity.
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The accused challenged the High Court’s order before the Supreme Court.
Issues
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Whether cognizance of a cheque dishonour complaint can be taken without prior condonation of delay under Section 142(1)(b) of the NI Act?
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Whether condonation of delay is a condition precedent for taking cognizance of a time-barred complaint?
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Whether taking cognizance before condoning delay is a curable procedural irregularity or a jurisdictional defect?
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Whether a subsequent order condoning delay can validate earlier cognizance taken without jurisdiction?
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Whether the High Court was correct in upholding the Magistrate’s action despite violation of the statutory mandate?
Judgement
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The Supreme Court allowed the appeal.
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The Court set aside the Karnataka High Court’s judgment.
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It held that the Magistrate erred in taking cognizance before condoning the delay.
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The Court ruled that condonation of delay must precede cognizance in a belated complaint.
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The defect was held to be a jurisdictional error, not a curable irregularity.
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The subsequent condonation of delay could not validate earlier proceedings.
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The complaint under Section 138 NI Act was quashed.
Held
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Condonation of delay under the proviso to Section 142(1)(b) NI Act is a condition precedent for taking cognizance.
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A time-barred complaint cannot be entertained unless delay is first condoned.
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Taking cognizance without condoning delay amounts to lack of jurisdiction.
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Jurisdictional defects cannot be cured retrospectively.
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Courts must strictly adhere to statutory limitation mandates in criminal complaints.
Analysis
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The Court adopted a strict interpretation of limitation provisions under the NI Act.
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It reaffirmed that criminal jurisdiction is statutory and cannot be assumed casually.
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The judgment draws a clear line between procedural irregularities and jurisdictional defects.
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By rejecting the High Court’s reasoning, the Court reinforced judicial discipline in limitation matters.
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The ruling prevents mechanical cognizance and safeguards accused persons from unlawful prosecution.
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The decision strengthens certainty and predictability in cheque dishonour jurisprudence.