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2019 (7) TMI 890 - HC - Indian LawsCondonation of delay in filing appeal - Dishonor of Cheque - Section 138 of the Negotiable Instruments Act, 1881 - power to try cases summarily - time limitation - HELD THAT:- As rightly contended by the learned counsel for the second Respondent that, cases under Section 138 of the NI Act are required to be tried summarily and trial is required to be conducted as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of filing of complaint. The legislature intented to expedite the trial of the cases arising out of dishonor of cheque for “insufficiency of funds” in the account, and conclude the trial within six months from the date of filing of the complaint. In the present case the Petitioner belatedly filed the Revision after six months from the date of issuance of process by the learned Metropolitan Magistrate. As already observed, there was no sufficient cause disclosed before the Sessions Court to condone the delay and therefore, the Sessions Court has rightly rejected the Application of the Petitioner for condonation of delay - As already observed the order of issuance of process is dated 23.10.2017 and the petitioner has received the summons on 17.02.2018. Belated attempt of the Petitioner to invoke Revisional jurisdiction cannot be countenanced. This Court is not inclined to entertain the Petition - Petition dismissed.
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