1. This Criminal Revision Petition is filed questioning the correctness of the order dated 25.11.2011 passed in Crl.M.P.No. 6647 of 2011 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai -600 015. By the said order dated 25.11.2011, the Court below dismissed the application filed by the petitioner to condone the delay of 30 days in filing the Complaint under Section 138 of the Negotiable Instruments Act.

2. According to the petitioner, he had handed over the returned cheque, memo issued by the bank, copy of the statutory notice etc., to his counsel on record and requested her to file the complaint under Section 138 of the Negotiable Instruments Act, who in turn asked the petitioner to hand it over to one of her colleagues. Accordingly, the petitioner handed over the documents to the junior counsel on 09.05.2012. While so, the counsel on record, due to viral fever, was admitted in hospital and bed ridden. The counsel on record could recover only during the first week of June 2011 and this had led to the delay in filing the complaint. Further, the court holidays intervened and therefore also the complaint could be presented only after re-opening o