JUDGMENT :

VIBHU BAKHRU, J.

1. The present appeal is directed against the order dated 8th January, 2016 (hereafter 'the impugned order') passed by Learned Metropolitan Magistrate in CC No.3775/15 captioned as 'Apparel Export Promotion Council v. Collage Cultures & Others', whereby the complaint preferred by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (hereafter the 'NI Act') was dismissed. The appellant had re-presented its complaint but the same was not entertained, as it was filed beyond the period as stipulated by the court where it was initially filed, while returning the complaint. The only question that arises for consideration is whether the appellant could maintain its complaint as re-presented.

2. Briefly stated, the controversy involved in the present petition arises in the following context. The appellant is a company incorporated under Section 25 of Companies Act, 1956 and is sponsored by the Government of India. It was formed, inter alia, with the object of promoting exports of readymade garments from India to various parts of the world. It is also assigned the task of administering the Garments Policy issued by the Government of India. As a pa