Madras High Court

Madras HC: Delay in Cheque Bounce Case Justified Due to Family Wedding

Updated
Dec 12, 2025 7:10 PM
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Quick Summary: The Madurai Bench of the Madras High Court agreed with a decision to allow a delay in filing a cheque bounce complaint. The case involved a cheque issued by V. Kannan that bounced, and the court decided the delay was justified due to a family wedding.

The Case Background

The case, CRL RC(MD)No.664 of 2025, was heard by Judge L. Victoria Gowri. It was about a cheque issued by V. Kannan to P. Pon Rajesh that bounced on June 27, 2022. The cheque was written from Vijaya Bank and returned with the note "Bank on Blockage."

The Delay and the Marriage

The person who complained, P. Pon Rajesh, sent a notice on July 5, 2022, asking for payment within 15 days. However, because of a family wedding, the original cheque and documents were misplaced. They were found on August 15, 2022, causing a delay in filing the complaint.

The Magistrate's Decision

The judge in Sivakasi allowed the delay, noting:

  • The cheque belonged to V. Kannan and bounced.
  • The delay happened because of a real reason: a family wedding.
  • The delay was first noted as 11 days, but it was actually 17 days.

The court found these reasons reasonable and not careless.

Kannan's Arguments

V. Kannan argued that the delay was not justified and that the written statement was inconsistent. He pointed out differences in the dates and claimed the delay was done on purpose.

The Court's Analysis

Judge L. Victoria Gowri emphasized that the length of the delay wasn't as important as the reason for it. The court found the explanation reasonable and not done with bad intentions. The court also noted that small mistakes in the process shouldn't overshadow the important rights involved.

Summary

On November 20, 2025, the court dismissed the appeal, confirming the earlier decision. The complaint under Section 138 of the Negotiable Instruments Act will continue without being affected by this order.