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ARUN DEV CHOUDHURY
Raja Khan S/O Lt. Bullu Khan – Appellant
Versus
Prafulla Ch. Bhuyan – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Ms. Q. Kiba, learned counsel appearing on behalf of Ms. S. K. Nargis, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. However, none appears for the respondent private responded.
2. The present criminal revision petition under Section 401 read with Section 397 of Cr.P.C., 1973 is filed assailing the Judgment and Order dated 19.06.2010 passed by the learned Judicial Magistrate First Class, Kamrup, Guwahati in C.R. Case No. 3437/09.
3. The aforesaid CR Case No. 3437/2009 was filed by the petitioner under Section 138 of Negotiable Instrument Act, 1881.
4. An averment was made in the complaint that there was 19 days delay in filing the complaint and therefore, a prayer for condonation of delay was made. In view of the aforesaid stand, the learned trial Court below issued a notice to the accused to appear and show cause as to why said delay shall not be condoned. The accused appeared before the learned trial Court below and filed his objection 02.01.2010.
5. After hearing both the learned counsel for the parties, the learned Magistrate concluded that though there are some expl
The court upheld the dismissal of a criminal revision petition due to the failure to issue a notice of demand within the statutory period prescribed by the Negotiable Instrument Act.
Delay in filing complaint under Section 138 of the Negotiable Instruments Act can be condoned if sufficient cause is established.
Delay in filing a complaint under the Negotiable Instruments Act can be condoned if satisfactorily explained and not deliberate or malafide.
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
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