The need to consider delay condonation applications on merits to prevent grave injustice, especially in cases under Section 138 of the Negotiable Instruments Act.

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. Since 22.10.2014 to 24.10.2014 was declared as holidays on account of the Deepavali festival the presentation is calculated and which expires on 27.10.2014. Then the written complaint presented today i.e., 16.12.2014 is not within the stipulated time as contemplated in the above cited decisions of our Hon'ble Apex Court. Hence, returned."

3. Learned counsel for the petitioner submits that learned Magistrate has failed to consider the petition seeking condonation of delay of 55 days in representing the complaint.

4. Section 5 of the Limitation Act would apply except when specifically excluded. There may be very many cases wherein, complainants of offence under Section 138 of the Negotiable Instruments Act are unable to represent the complaint before appropriate Court in keeping with the decision in Dashrath Rupsingh Rathod vs. State of Maharashtra, 2014 (4) CTC 666, within the one month window provided therein. Whether they are justified in not doing so within the specific period would be a question for consideration by Court as otherwise grave injustice could result.

5. For the aforesaid reasons, this Criminal Original Petition stands allowed and learned Judicial Magistrate, Fast Track Court at Magistrate Level, Karur is directed to take the application seeking condonation of delay on file, issue notice to the respondent, consider the same on merits and proceed further in the mater.