In Brief

A cheque dishonour complaint was filed under Section 138 of the Negotiable Instruments Act two days beyond the statutory one-month limit. The trial court took cognisance without first formally condoning the delay, though it later granted condonation. The Supreme Court held that limitation under Section 142 is mandatory and jurisdictional. A court must expressly condone delay before taking cognisance—not after. Taking cognisance of a time-barred complaint without prior condonation is a jurisdictional defect that vitiates proceedings, not a curable irregularity. The Court quashed the complaint and allowed the appeal, emphasizing procedural discipline in cheque dishonour prosecutions.

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