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2015 Supreme(Ker) 828

K.T.SANKARAN, BHASKARAN PILLAI SUDHEENDRA KUMAR
Binoy K. Mathew – Appellant
Versus
Godley Dev John – Respondent


Advocates Appeared:
For Appellant :T.N. Suresh, K. Rajesh Kannan, R. Rajesh, V.C. Sarath, A.M. Mukthar, Roy Chacko, P.S. George, Romy Chacko andNireesh Mathew, Advocates
For Respondents: K.K. Rajeev, Public Prosecutor

ORDER :

K.T. Sankaran, J.

1. These Crl RPs were referred to the Division Bench to consider the question whether the Court before which a complaint under Section 138 of the Negotiable Instruments Act (for short 'the NI Act') was re-presented following the decision of the Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra and Another 2014 (3) KHC 362 : 2014 (9) SCC 129 : 2014 (2) KLD 281 : 2014 (3) KLJ 600 : 2014 (3) KLT 605 : ILR 2014 (3) Ker. 771 : 2014 Cri.L.J. 4350 : AIR 2014 SC 3519, beyond the period of 30 days fixed by the Supreme Court in paragraph 22 of the judgment, can condone the delay in re-presenting the complaint. Before the learned Single Judge, the decision in A. Rajagopal Karunan v. Salini Raj and Another 2015 KHC 2407 : 2015 (1) KLJ 372, wherein another learned Single Judge exercising jurisdiction under Section 482 Cr.P.C. condoned the delay of 17 days in re-presenting the complaint before the proper Court, was cited. The learned Single Judge doubted the correctness of the decision in A. Rajagopal Karunan's case (supra) and referred the cases to a Division Bench. In all these cases, the complaints were filed before the Courts which had jurisdiction to










































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