Cheque Bounce Delay Condonation Lawyer in Odisha

Can a Section 138 cheque bounce complaint be filed after the limitation period has expired?

In a judgment delivered on 6 January 2026, the Supreme Court ruled that courts can condone delay in filing a Section 138 complaint, provided the complainant shows sufficient cause for the delay. This means a late complaint is not automatically barred, but the delay must still be justified to the court's satisfaction.

What counts as 'sufficient cause' for delay in filing a cheque bounce complaint?

Sufficient cause depends on the specific facts of each case and is assessed by the court at its discretion — genuine reasons for the delay, supported by evidence, are generally required. An advocate can help identify and present the relevant facts explaining the delay.

Does this ruling mean I can file a Section 138 complaint at any time?

No. The ordinary limitation period for filing a Section 138 complaint continues to apply, and the January 2026 Supreme Court ruling only confirms that courts have discretion to condone a delay where sufficient cause is shown — it does not remove the limitation requirement altogether.

How do I apply for condonation of delay in a cheque bounce case?

An application seeking condonation of delay is typically filed alongside the Section 138 complaint, setting out the specific reasons for the delay for the court's consideration. Outcomes depend on the facts and evidence placed before the court, which retains discretion in the matter.

Can the accused challenge a delay condonation order?

Yes, an accused can contest whether sufficient cause was genuinely shown for the delay. Since this is a matter of judicial discretion assessed on the facts of each case, both the complainant and the accused benefit from being properly represented when the issue of delay arises.