TMI Blog2017 (3) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CRIMINAL APPLICATION NOS. 3269 AND 3270 OF 2016 - - - Dated:- 3-2-2017 - T.V. NALAWADE, J. For The Applicant : Wakure Sanjay A. For The Respondent : G.O. Wattamwar and A.V. Patil ORDER 1. The same point is involved in both the matters. Both the matters involve the same petitioner though different respondents are involved and so, both the proceedings are being decided together. Both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revisions, the orders of the Magistrate were set aside and they were remanded back for deciding the point of limitation after filing application for condonation of delay by the complainant. 4. The submissions made and the record show that the complainant first time made correspondence through advocate with post office on 4.4.2013. Post office gave reply on 18.4.2013 and informed that the notice was served on accused on 10.1.2013. Private complaints came to be filed on 26.4.2013 within eight days from the date of intimation given by the post office. 5. It is true that in the provision of section 142 (1) (b) of the Act, it is mentioned that complaint needs to be filed within 30 days from the date on which cause of action arises und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delivery of acknowledgment receipt by post in respect of statutory notice sent by him. The learned counsel for accused submitted that the post office has now started to give online information and so, the complainant ought to have collected the information on website of the post office and as that was not done, it cannot be accepted that he had no knowledge that accused had received notice on 10.1.2013. This submission is not acceptable. There is no provision of law making it necessary for the complainant to go through the information made available by post office on website, if at all, it is there. 6. Condonation of delay is within the discretion of the Magistrate. Nothing could have been achieved by the complainant by not filing compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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