M.L. Mehta, J.

This is a petition u/s 482 Cr.PC assailing the order dated 11.11.2009 of the learned M.M., Dwarka Courts whereby the application u/s 142 of the Negotiable Instruments Act (for short, the "Act") filed on behalf of the complainant/respondent Standard Chartered Bank seeking condonation of delay in filing the complaint was allowed. The petition has been filed assailing the said order mainly on the ground that delay of 45 days in filing the complaint was not explained by the complainant and that being so, the Magistrate was not justified in condoning the delay vide the impugned order.

2. The admitted facts of the case are that the petitioner had taken an overdraft facility of Rs. 3 Crores from the complainant bank. A cheque of Rs. 3 Crores was given on 23.11.2008. It was returned dishonoured on 29.11.2008. Notice u/s 138, N.I.Act was given by the complainant bank on 25.3.2009 and the same was received by the petitioner on 27.3.2009. The complainant bank was required to file complaint within 15 days of the intimation of the receipt of information from the bank. This period expired on 11.4.2009. It was within 30 days thereafter that the complainant could file the co