M. Jayapaul, J.—The petitioners are the accused in C.C. Nos. 2155 of 2005 and 2154 of 2005 respectively on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai-15, launched by the complainant for an offence under Section 138 of the Negotiable Instruments Act.

2. The complainant filed the complaint with a delay of 28 days in preferring the complaint. As the proviso under Section 142(b) of the Negotiable Instruments Act contemplates taking cognizance of the complaint by the Court, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within the period of limitation as contemplated under Section 142(b) of the Negotiable Instruments Act. The applications seeking condonation of delay were filed and the same were allowed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

3. The entire challenge in these criminal original petitions is directed against the entertaining of the applications seeking condonation of delay without an affidavit of the party and allowing the applications without affording an opportunity to the accused to contest the said applications.

4. Learned counsel appearing for the petiti