This Criminal Revision case has been filed, challenging the order dismissing the petitioner's application filed under Section 142(2) of Negotiable Instruments Act, to condone delay of 334 in filing revision.
2.The petitioner is complainant in a private complaint under Section 138 of Negotiable Instruments Act and there was a delay of 334 days in filing the complaint. Hence, he filed an application to condone the delay. The reasons stated for the delay is that the respondent/accused, requested the petitioner's principal, not to file a complaint and he would repay the cheque amount, hence, he kept quiet and did not take any steps to file the complaint. Since the respondent has denied her liability and failed to repay the amount, the petitioner has filed this complaint with a delay of 334 days. After considering all the available materials on record, the court below found that the petitioner issued a legal notice on 29.07.2006 and for that notice, the respondent issued a reply on 24.08.2006, denying her liability and thereby, refused to pay any amount. In that notice, the respondent herself disputed her liability and stated that she is not liable to pay any amount. Since the respondent disputed her liability, there is no occasion for her to promise to pay the amount. Considering the same, since there is no proper explanation for condoning the delay, the lower court dismissed the same. Challenging the same, the present Criminal Revision Case has been filed.
3.I have heard Mr.Sukumar, the learned Counsel appearing for the petitioner and perused the records carefully. There is no representation for the respondent.
I have carefully gone through the materials available on record.
4.On a perusal of the records, I am of the view that the court below has come to a correct conclusion and the reason stated for the delay is not acceptable. Apart from that except the affidavit filed by the complainant, there is no other material produced to substantiate his contention. In the above circumstances, there is no illegality or irregularity in the order passed by the court below. In the result, this criminal revision case is dismissed accordingly.
To The District Munsif cum Judicial Magistrate, Bodinaickanur..