Mrs. Sabina, J.: - Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 04.12.2012, whereby, delay in filing the complaint by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘Act’) was condoned without giving an opportunity of hearing to the petitioner. Consequently, order whereby petitioner was summoned in the complaint vide order dated 25.01.2013 has also been challenged.

2. Learned counsel for the petitioner has submitted that the impugned order (Annexure P-4) whereby, delay in filing the complaint in question was condoned was passed without affording an opportunity of hearing to the petitioner. Hence, the said order was liable to be set aside.

3. In support of his arguments, learned counsel has placed reliance on Riga Sugr Co. Ltd. Vs. Kessels Engg. Works Pvt. Ltd., 2008(4) AD (Delhi) 519 wherein it was held as under:-

“Learned senior counsel for the petitioner contends that the application filed by the petitioner for condonation of delay could not have been allowed without notice to the petitioner and in that behalf has referred to the judgment of the learned single