Mr. Kuldip Singh, J.: - Petitioner has filed this petition under Section 482 Cr.P.C. for setting aside the judgment dated 22.7.2013 (Annexure P3), passed by the learned Additional Sessions Judge, Gurgaon, reversing the order dated 27.1.2012 (Annexure P2), passed in criminal complaint No.118 dated 27.1.2009, by learned Judicial Magistrate 1st Class, Gurgaon.

2. The short controversy is that respondent No.1 Mukesh Sharma had filed a criminal complaint against the petitioner and others under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’). It comes out that there was four days delay in filing the complaint. The complaint was filed on 18.8.2009. On the same day, the process was issued. On 14.2.2010, notice of accusation was served upon respondent No.3 –Kamal Singh (petitioner herein). On 20.10.2011, when the case was at the stage of the evidence of the complainant, an application was filed by the complainant, seeking condonation of delay of four days in filing the complaint. It was stated that the delay was due to oversight of the complainant. The application was accompanied by an affidavit of the complainant. Learned Judicial Magistrate 1st Class, Gu