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2017 Supreme(Mad) 2434

R.SURESH KUMAR
E. Mani – Appellant
Versus
R. P. S. Ponraaj – Respondent


Advocates Appeared:
For the Petitioners: Dr. Fr. Xavier Arulraj Senior Counsel

ORDER :

1. This Criminal Revision Case has been filed against the order passed by the learned Judicial Magistrate, at Tambaram, Chennai in Crl.M.P.No.965 of 2017 by order dated 19.07.2017.

2. By the said order, the learned Magistrate has allowed the petition filed by the respondent, under section 142 of the Negotiable Instrument Act, (in short, “N.I.Act”) to condone the delay of 62 days in filing the complaint under section 138 of the N.I.Act.

3. The Brief facts of the case is that the respondent herein, having suffered with dis-honour of cheque, issued by the petitioners, had approached the Court below, by filing the complaint under section 138 of Negotiable Instrument Act, to take cognizance of the offence and try the same.

4. Statutorily, the said complaint should have been filed within 30 days from the date of cause of action arises under clause (c) of the proviso to section 138. However, according to the respondent, he did not file the said petition within such time of 30 days, as he could not contact his counsel, because of health reason. He was able to contact the counsel only recently. In the mean while, there was a delay of 62 days in filing the said complaint. Accordingly, th




















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