ORDER (ORAL)

S.N. Aggarwal, J.—This petition under section 482 of Cr.P.C. filed by the petitioner is directed against the order dated 3rd of February, 2007 passed by the Sessions Judge, Gwalior in Criminal Revision No. 325/06 whereby the order dated 6th October, 2006 passed by the learned Judicial Magistrate First Class, Gwalior in a complaint case under section 138 of the Negotiable Instruments Act, 1881 has been affirmed.

2. A complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter, referred to as the “Act”) filed by the petitioner against the respondent was accompanied with an application under section 142(b) of the Act for condonation of the delay of 28 days in filing the complaint. The delay was sought to be condoned on the ground that the petitioner being the only son of his father could not file the complaint in time as his father had suffered a fracture for which a medical certificate was also annexed with the condonation application. The delay in filing the complaint was of 28 days. The Trial Court as well as Revisional Court dismissed the complaint on the ground of limitation holding that the petitioner has failed to explain delay of each day in f