Supreme Court of India

S. NAGESH versus SHOBHA S. ARADHYA

2026 INSC 27

Case number
CRIMINAL APPEAL No. 75/2026
Judgment date
2026-01-06
Petitioner / appellant
S. NAGESH
Respondent
SHOBHA S. ARADHYA
Neutral citation
2026 INSC 27
Other citation
[2026] 1 S.C.R. 183
CNR
ESCR010000092026
Bench / judges
SANJAY KUMAR
Author judge
SANJAY KUMAR
Bench size
2 Judges
Disposal nature
Appeal(s) allowed
Judgment year
2026

Issue for consideration

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.

Headnote excerpt

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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