ORDER :

1. The petitioner is the complainant in a case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

2. The petitioner filed a complaint as C.M.P No. 3047/2018 against the second respondent for an offence punishable under Section 138 of the Act. There was a delay of 33 days in filing the aforesaid complaint. The petitioner had filed application as C.M.P No. 3062/2018 for condoning the delay in filing the complaint.

3. As per Annexure-A6 order, the learned Magistrate dismissed the application for condonation of delay in filing the complaint. Annexure-A6 order reads as follows:

“Complainant present. Cheque is dated 26.04.2018.

It was returned dishonoured on 27.04.2018 and communicated by complainant's Bankers on 30.04.2018. Statutory notice was issued on 10.05.2018. Intimation regarding service of notice was given to the complainant by the postal authority on 26.06.2018. Complaint was to be filed on or before 29.06.2018. But it was filed only on 01.08.2018 and the reason shown is delay in receipt of A/D card regarding which intimation was already received on 26.06.2018. 33 days delay definitely was not caused due to the delay in receipt