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2018 (11) TMI 1096 - HC - Indian LawsCondonation of delay of 45 days in filing complaint - section 138 Negotiable Instruments Act, 1881 - Held that:- The delay in this case is not inordinate. Liberal approach has to be adopted while considering an application seeking condonation of delay. Respondent had rendered a reasonable explanation for the delay in filing the complaint. The delay is only of a few days. Nothing has been pointed out to show that there was negligence on the part of the respondent or that the delay lacks bona fide - In the facts of the present case refusing to condone delay of a few days would imply that a meritorious case is being thrown out by adopting a hyper-technical approach. In case delay is condoned no prejudice would be caused to the petitioner as petitioner would have an opportunity to defend the case on merits. The discretion has been exercised by the trial court in a positive manner to further the cause of justice - it is the settled proposition of law that when discretion is exercised by the trial court in a positive manner, the Superior Court is not to interfere with the same unless the same is contrary to the settled principles of law or is perverse, which is not so in the present case. There is no infirmity in the order of the trial court in exercising discretion in favour of the respondent and condoning the delay of 45 days in filing the complaint - there is no merit in the petition and the petition is dismissed.
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