The petitioner herein is the complainant in C.C.No.2801/2012 before the Judicial First Class Magistrate Court, Kodungallur. The complaint was returned by the learned Magistrate in view of the legal position recently settled by the Hon'ble Supreme Court. He was directed to re-present the complaint before the proper court within one month. When he re-presented the complaint before the learned Judicial First Class Magistrate, Iringalakkuda, the learned Magistrate did not even receive the complaint for the reason that it was not re- presented in time. The petitioner is thus aggrieved, and he seeks orders from this Court under Section 482 of the Code of Criminal Procedure, condoning the short delay and permitting him to re-present the complaint before the proper court.
2. On hearing the learned counsel, I find that the petitioner has a genuine grievance. I am satisfied that he had sufficient reason for the delay in re-presenting the complaint O.P(Crl) No.274 of 2014 2 before the proper court. It is submitted that the amount involved is ₹1,50,000/-, and the complainant has not so far initiated civil action with the hope that he will get proper and effective remedy in the criminal proceeding. In the above circumstance, in the interest of justice, the complainant can be permitted to represent the complaint in the proper court within ten days from this date.
In the result, this Original Petition is allowed. The petitioner is permitted to re-present complaint before the proper court within ten days from this date.
P.UBAID JUDGE ab