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D.Inian vs M/S.Matha Traders

Madras High Court|07 August, 2017

JUDGMENT / ORDER

This Criminal Revision Case has been filed by the accused, challenging the order of condoning the delay of 7 days in filing the complaint by the respondent herein.
2. The respondent herein filed a complaint against the petitioner for the offence under Section 138 of Negotiable Instruments Act and there is a delay of 7 days in filing the complaint by the respondent herein. An application, to condone the delay, was filed under Section 142(b) of Negotiable Instruments Act by the respondent herein. The delay is condoned by the learned Judicial Magistrate No.I, Tirunelveli, Tirunelveli District. Now, challenging the same, this Criminal Revision Case has been filed by the accused.
3. Heard Mr.Balaji, learned counsel for the petitioner and Mr.N.Mohideen Basha, learned counsel for the respondent. Perused the records carefully.
4. The reason for the delay of 7 days in filing the complaint has been stated in the affidavit that the respondent / complainant was suffering from viral fever. Therefore, he has not filed the complaint on time. The trial Court being satisfied with the reason condoned the delay. There is no illegality or irregularity in the order passed by the Court below.
5. Hence, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is dismissed.
To The learned Judicial Magistrate No.I, Tirunelveli, Tirunelveli District..
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Title

D.Inian vs M/S.Matha Traders

Court

Madras High Court

JudgmentDate
07 August, 2017