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2015 Supreme(Mad) 989

C.T.SELVAM
Gopal Pratapram Purohit – Appellant
Versus
K. S. Maideen Batcha – Respondent


Advocates Appeared:
For the Petitioner:A. Haja Mohideen, Advocate.

Judgment

1. This petition seeks a direction to learned Judicial Magistrate - Fast Track Court at Magistrate Level, Karur to take the petitioner's complaint unnumbered C.C. No. of 2014 on its file by considering the delay condone application on merits and adjudicate the same.

2. The petitioner has preferred a complaint alleging offence under Section 138 of Negotiable Instruments Act. Upon return thereof by learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai is keeping with Dashrath Rupsingh Rathod vs. State of Maharashtra, 2014 (4) CTC 666, the complaint has been presented before learned Judicial Magistrate, Fast Track Court at Magistrate Level, Karur. Learned Magistrate has returned the same informing thus:

"Complainant Present. Records Perused. As per the dictum laid down by our Hon'ble Apex Court in C.A.2287/2009 dated 1.8.2014 between Dashrath Rupsingh Rathod vs. State of Maharashtra & another the complainant has not presented the written complaint within 30 days from the date of return i.e., on 22.09.2014 by the Metropolitan Magistrate, 28th court, Esplanade, Mumbai. So taking into account the date of return as 22.9.2014 the date of presentation expires on 22.10.2014. S



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