TMI Blog2007 (11) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... f the above Criminal Original Petition are setout hereunder: Since the cheque issued by the petitioner to the respondent herein was returned unpaid the respondent issued a statutory notice on 3.7.2006 which was served on the petitioner on 12.7.2006. The last date for filing a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to us the Act ) was 26.8.2006, but admittedly the complaint came to be filed only on 6.9.2006 i.e. after the delay of 10 days. But the complaint was not accompanied with any petition to condone the said delay of 10 days, but yet the learned Magistrate had taken cognizance of the case as C.C. No. 1295 of 2006 and had ordered issue of process to the accused/petitioner herein. Cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Counsel for the petitioner. In the decision reported in Dr. S. Magalingam v. A. Ganesan, (supra), the correctness of entertaining a Special Leave Petition in an appeal filed against the acquittal after the expiry of the period of limitation without a petition seeking condonation of delay was considered. It has been held in the said decision that the order passed in the Special Leave Petition without condoning the delay in preferring such application and the order admitting the appeal is liable to be recalled. The learned Judge has also observed that the respondent (complainant), in the complaint filed for an offence under Section 138 of the Negotiable Instruments Act, will have to be given an opportunity to try a chance by filing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back to the learned Magistrate. The learned Magistrate shall give an opportunity to the respondent/complainant to file a petition to condone the delay of 10 days in filing the complaint and if any such petition in filed, notice should be ordered to the petitioner herein and after giving an opportunity of hearing to him appropriate orders should be passed in the petition seeking condonation of delay. If the delay is condoned then the learned Magistrate can take cognizance of the complaint and proceed further in accordance with law. 10. However the contention of the learned Counsel for the petitioner that if the impugned order of the learned Magistrate is set aside and liberty is given to the respondent to file a petition to condone the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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