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K.S.RADHAKRISHNAN
Abdurehiman – Appellant
Versus
Sethu Madhavan – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Thomas Abraham & Mr. K.B. Arunkumar, Advocates.
For the Respondents:Public Prosecutor (Mr. Sujith Mathew Jose) & Mr. M.R. Nandakumar, Advocate.

ORDER

K.S. Radhakrishnan, and V. Ramkumar, JJ.—This Revision Petition has been placed before us on a reference by Justice R. Basant, after having noticed conflict between the decision of a learned Single Judge of this Court in Muraleedharan v.

M/s. Sreeram Investment Ltd. and Ors.1 and the decision of another learned Judge of this Court in G.T.C. Industrial Ltd. v. Abdurahimankutty.2 The learned Judge who decided Muraleedharan’s case, (supra), while dealing with an application under Section 142 of the Negotiable Instruments Act, 1881 has taken the view that delay in filing a complaint cannot be condoned unless it is supported by an affidavit by the complainant explaining the reasons for the delay.

2. The learned Judge who decided Abdurahimankutty’s case, while interpreting the provisions of Section 468 of the Code of Criminal Procedure, took the view that if the delay has been properly explained, cognizance can be taken, even without an application for condonation of delay in the interests or justice. The learned Judge while referring the matter felt that an authoritative pronouncement is warranted with regard to the question as to whether a detailed enquiry giving opportunity































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