P. Murgesen, J.—The Revision is directed against the order dated 5.12.2005 passed by the learned Judicial Magistrate No. 1 Kovilpatti in Crl.M.P. No. 7350 of 2005.

2. The petitioner/complainant’s case is briefly as follows:

The petitioner herein is the complainant. The respondent/accused borrowed a sum of Rupees one lakh from the complainant and issued a post dated cheque for the said sum. Since he had not repaid the amount borrowed, the complainant sent the cheque for collection, the same was dishonoured. Therefore, on 3.6.2004, the complainant sent a legal notice to the accused and the said notice was received by the accused on 4.6.2004. Even after receipt of the legal notice, the accused had not repaid the amount within fifteen days. Therefore, the complainant preferred the complaint under section 142 for the offence punishable under section 138 of the Negotiable Instruments Act.

3. The complainant ought to have filed the petition within the stipulated time. But he preferred the petition with the delay of thirteen months. The reason adduced by the learned counsel for the complainant is that since negotiations were going on between the complainant and the accused, which was m