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2017 (3) TMI 1420 - HC - Indian LawsCondonation of delay - power of Magistrate - Petition u/s 138 of Negotiable Instruments Act, 1881 - Held that:- Condonation of delay is within the discretion of the Magistrate. Nothing could have been achieved by the complainant by not filing complaint in time. He filed the complaint within eight days from the date of receipt of information from the post office. Thus, even if it is presumed that the complaint was not filed within 30 days from the date of expiry of period of 15 days given to the accused under section 138 of the Act, the fact remains that the delay of around 2 months was caused due to aforesaid circumstances. There is the record and the law is amended in view of the aforesaid probabilities and power is given to the Magistrate to condone the delay. In view of the possibility mentioned, the Court is expected to use this provision liberally. This Court holds that the Sessions Court has not committed any error in holding that there was sufficient cause for condonation of delay.
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