Supreme Court · 2026 INSC 27 · Decided 6 January 2026
S. Nagesh v. Shobha S. Aradhya
- Court
- Supreme Court of India
- Citation
- 2026 INSC 27 · [2026] 1 S.C.R. 183
- Case number
- CRIMINAL APPEAL No. 75/2026
- Decided
- 6 January 2026
- Bench
- SANJAY KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 142
Headnote
Issue arose as regards the correctness of the order passed by the Magistrate taking cognizance of the respondent's complaint u/s.138 of the NI Act, even before the delay of two days in its presentation was condoned. Negotiable Instruments Act, 1881 funds in the account - Cognizance of offences - Magistrate taking cognizance of the complaint u/s.138, before the delay of two days in its presentation was condoned - Correctness: Held: Magistrate erred in taking cognizance of the respondent's complaint u/s.138, even
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