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2012 Supreme(Del) 2933

V.K.SHALI
Ram Kishor – Appellant
Versus
Geeta Devi – Respondent


For the Petitioner: Mr. Lal Singh Thakur, Mr. Vikas Vats, Mr. Bharat Bhushan, Advo#31;cate.
For the Respondents:Mr. Amarver Singh Bhullar, Mr. Arvind Kr. Chauhan, Mr. Pawan Kr. Pandey, Advocates.

JUDGMENT

V.K. Shali, J. (Oral);—

1. This is a petition filed under Section 482 Cr.P.C. against the impugned order dated 14.2.2012 passed in complaint case no.2262/10 by the learned Metropolitan Magistrate, Rohini, Delhi. By virtue of the said impugned order, the learned Magistrate has rejected the application of the petitioner seeking condonation of delay of 12 days in filing the complaint under Section 138 of the Negotiable Instruments Act.

2. Briefly stated the facts of the case are that the petitioner filed a complaint u/S 138 of the Negotiable Instruments Act against the respondent for dishonour of the cheque for an amount of Rs.69,000/- or so. This complaint was filed with a delay of 12 days along with an application seeking condonation of the said delay.

3. The ground which was pleaded by the petitioner was that after sending the demand notice to the respondent on 7.7.2008, the respondent had assured the petitioner that he would settle the matter and therefore, he did not proceed ahead with the filing of the complaint. The learned Magistrate after referring to the statutory provision and the case law had observed rightly, that while condoning the delay, the length of the delay i










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