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TMI Blog2014 (3) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. Perused the records. The bone of contention of the learned counsel for the petitioner is that the respondent who filed a private complaint under Section 200 Cr.P.C. against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 Act has also made an allegation under Section 143 of N.I. Act, requesting the Court to condone the delay in presenting the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Section 142(b) of Negotiable Instruments Act, 1881 Act on 7/5/2012 itself along with his affidavit. The learned Magistrate took cognizance of the offence and proceeded to record the sworn statement of the complainant. As rightly contended by the learned Counsel that in the sworn statement, nothing has been stated with regard to the contents of the affidavit filed in support of the applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity was lost so far as accused is concerned. Even if the Magistrate is of the opinion that the said application has to be considered, after providing opportunity to the accused, then also the Magistrate can take cognizance by means of mentioning in the order that the consideration of the application is deferred after appearance of the accused. But such order has not been passed by the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Magistrate either has to pass orders on the application filed under Section 142(b) of the N.I. Act or if the Magistrate is of the opinion that application has to be disposed of after appearance of the accused specifically passing such order, Magistrate can proceed against such accused persons. With these observations, order passed by the learned Magistrate in taking cognizance and issuin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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