TMI Blog2021 (7) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt has taken the said events into consideration before proceeding to pass the impugned order. The matter remanded for fresh consideration by the trial Court keeping in mind the various dates of events mentioned in the complaint in the light of the order passed by the Hon'ble Apex Court in the suo motu writ petition - petition allowed. - Crl. P. No. 100185/2021 - - - Dated:- 30-6-2021 - M.G. Uma, J. For the Appellant : Namadev Seetaram Badiger, Adv. For the Respondents : Jagadish Patil, Adv. ORDER M. G. Uma , J. 1. Even though the matter is listed for admission, with the consent of the learned counsel for parties, it is taken up for final disposal. 2. The petitioner/accused is before this Court challen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The third legal notice was issued on 11.07.2020 addressing the accused and the said notice was also returned unserved on 27.07.2020. Therefore, the fourth legal notice was issued by the complainant to the accused on 28.07.2020 and the same was served on accused on 04.08.2020. Since there was no reply, the complainant filed complaint on 26.08.2020 which was registered in PCR No. 105/2020. 5. While filing the complaint, an application for condoning the delay in filing the complaint was filed. The trial Court relying on the order dated 06.05.2020 passed by the Hon'ble Apex Court in suo moto writ (Civil) No. 3/2020 condoned the delay and directed to register the private complaint in PCR No. 105/2020. The trial Court taking into consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same benefit to the accused. Learned counsel further submits that if the impugned order is taken into consideration, there is no discussion regarding these dates of events and the trial Court is not definite as to when cause of action has arisen. Unless the trial Court fixes cause of action arisen for presentation of the complaint, the delay in presenting the complaint could not have been condoned. 11. Learned counsel also submitted that when the benefit of the order of the Hon'ble Apex Court is extended to the complainant, the same benefit could have been extended in favour of the accused as well. But when the 4th legal notice was served on 04.08.2020, sufficient time was not granted to the accused to have his say or to make payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same was presented on 15.05.2020. The said Cheque was dishonoured on 16.05.2020. The limitation begins to operate from this date for issuance of legal notice and serving the same on the accused. Admittedly, there was lockdown during June, 2020 and the Hon'ble Apex Court in the suo moto writ petition mention above, extended the period of limitation. Even though the trial Court referred the averments made in the complaint along with the sworn statement and Exs.P-1 to P-13 marked on behalf of the complainant and also the order passed by the Hon'ble Apex Court in the suo moto writ petition and proceeded to condone the delay and took cognizance of the offence, which is called in question in the present petition. Even though the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side. The respondent is permitted to file a better affidavit in support of the application seeking condonation of the delay. The trial Court is directed to consider the matter afresh in the light of the discussions held above and proceed to pass the order afresh either taking cognizance or rejecting the complaint by assigning valid reasons. Both the parties are directed to appear before the trial Court. Both the learned counsel undertake to intimate the parties to appear before the trial Court through their respective counsel on 12.07.2021 without waiting for the summons. In view of the disposal of the petition, pending I.A. No. 1/2021 does not survive for consideration and it is disposed of. - - TaxTMI - TMITax - Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X
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