Statutory limitation for a Section 138 complaint

Section 138 NI Act addresses the offence relating to dishonoured cheques. Section 142 governs the conditions for cognisance. The complaint ordinarily must be made within one month of the cause of action. The cause of action is linked to clause (c) of the proviso to Section 138. The proviso to Section 142(1)(b) permits a delayed complaint in defined circumstances. The complainant must establish sufficient cause. The proviso does not abolish the limitation period. It creates a conditional exception to the ordinary rule. (S. Nagesh v. Shobha S. Aradhya | 2026 INSC 27)