Delay must be condoned before cognisance

Section 142(1)(b) NI Act ordinarily requires a complaint within one month. Its proviso permits cognisance of a delayed complaint if sufficient cause is shown. The complainant must first satisfy the Court that delay deserves condonation. That satisfaction must precede cognisance. The steps cannot be treated as interchangeable. A later condonation order does not validate premature cognisance. The Magistrate took cognisance before condoning a two-day delay. The Supreme Court held that this sequence was legally erroneous. (S. Nagesh v. Shobha S. Aradhya | 2026 INSC 27)